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| Building Easement Agreements may be a Trap for the Unwary |
| Easement agreements are necessary for any building activity that requires temporary trespass onto an adjoining property or airspace. Until legislation introduced in the mid-1990's permitted compulsory acquisition of an easement over someone else’s property, it was too easy for the owner of an adjacent property to charge exorbitant amounts in licence fees for the intrusion onto that property by cranes or scaffolding. |
Section 88K of the Conveyancing Act (NSW) permits the Supreme Court to grant an easement over someone else's land if necessary to enable a property owner to use or develop land. But what if the parties have already signed a contractual agreement for easement access and the property owner revokes it before the builder can apply for access under the law? Such contractual licences are usually revocable, even if fees have been paid. The best the builder can do is obtain damages. But the property owner can apply for a court order to stop the trespassing activity, making the builder’s chances of getting a court to award easement access very slim indeed. |
We can assist you to find the most strategic way of obtaining statutory easement access. |
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