1.2 Contract Problems - Easements
Easements can be scary when it comes to buying a property. Easements are common on a lot of residential properties, but you have to be careful how they affect your property.
Easements will show up on a title search for a property as a registered right to another party. The most common easements are for water, sewage, and electricity. In most housing estates, most properties will have a small easement that usually runs along the back fence. Depending on the type of easement, there may be restrictions with what you can do with the land. Most easements don't allow you to build a permanent structure over them, as the party with the easement usually require access all the time if there is any emergency repair works needed to be done. If you put any non-permanent improvement over them, the party may need to remove it to access below, such as garden beds.
If you are looking at buying a property, a buyer can usually also do their own checks for easements by looking on councils website at www.development.i.com.au and searching the property address. If you are looking to put in a pool, make sure you check with council about the easements and the distance required to be away from them.