Common questions

Is right of way same as easement?

Is right of way same as easement?

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another’s property without conferring ownership.

How do I enforce an easement in NSW?

Enforcing your rights under the easement

  1. Abatement – taking reasonable steps to get rid of the interference.
  2. Court action – you may file an Application in the Supreme Court of NSW and seek an order from the court for damages, nuisance or an injunction.

How do you know if a right of way exists?

Sometimes easements and rights-of-way can be hard to locate. Typically, they can be found in the legal description of the property. Contact the county for more information on the easements. They should be able to give you more details about the easements and show you specific plot maps regarding the deed in question.

Can I landscape over an easement NSW?

If you have an easement on your property you can use the area, but you must ensure we can still access the infrastructure, including underground pipes and cables. It’s important you carefully consider your landscaping plans as plant roots can damage sewer pipes, obstruct the flow and eventually cause blockage.

Can you legally block a right of way?

Easements can be created in a number of different ways, but easements are most often granted in deeds and other recordable instruments. Moreover, the courts have also ruled that the owner of property with an easement running over it does not have the right to block or impair the effective use of the easement.

What can I put over an easement?

Normally an easement will not prevent you from building over or under it. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it.

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