Can there be a property with no easements ?

Discussion in 'Legal Issues' started by aussieB, 22nd Jun, 2015.

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  1. aussieB

    aussieB Well-Known Member

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    Keeping aside shared driveways, is it possible that a registered parcel of land can exist with no easements ?
    From what I understand power and water will need to have access to the sewers, water and the power lines.
    How else would sewer/water corps get access to fixing problems ? Just trying to understand all the property adverts which say "no easements".

    Didn't find a sub forum for general property questions. @Sim If this is not the right place, can you please move this question to the right place ?
     
  2. Propertunity

    Propertunity Well-Known Member

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    Yes, you can have a property with no easements. Sewer lines can run on foot paths (council owned land) or in neighboring properties at the rear or side on to you. Electricity the same.
     
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  3. Random Username

    Random Username Well-Known Member

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    Yes
    Their obligation usually stops at the boundary line.
    Usually there is an easement on one of the neighbouring properties for services like sewer that is accessed via the neighbours property, no need for two separate sewers.
     
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  4. Gavin Ng

    Gavin Ng Well-Known Member

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    Yes of course. This isn't always the case, but if you stumble across an area where every block you come across has an easement, it is probably part of a more recent subdivision than say and old school subdivision 50 years ago
     
  5. bob shovel

    bob shovel Well-Known Member

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    usually services become owners problem they enter the boundary. sewer is designed so that the authority had accesd to "their" sewer sfter the designated points your problem.
    also i think the term easement needs clarification needs clearing up. you can have a sewer main run through properties but is not an "easement" BUT tbey have right to access. this part of the sydney water act i believe
     
  6. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    Sellers need to be aware in QLD that an underground service that is not for the sole use of the land can be considered a statutory or unregistered encumbrance and if not declared on contract buyer can terminate up to settlement
     
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  7. 380

    380 Well-Known Member

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    @aussieB

    Yes .lot of property doesn't have easements

    Easements are for not only what's on or underneath ground...

    Properties may have easement for overheard power lines...

    Such easement may not be registered on title..(for example power line could have been installed after lot was registerd)
    But it will definitely show up at the time of new subdivision...ay reduce value of property or restrict building.

    Just have to carry out DD!
     
  8. 380

    380 Well-Known Member

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    Gold!!!!

    Such knowledge and information makes your company way better then your compitetors.
     
  9. Pistonbroke

    Pistonbroke Well-Known Member

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    AFAIK statutory authorities may use their statutory powers to enter upon private land to access their assets
     
  10. aussieB

    aussieB Well-Known Member

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    Thank you for your replies everyone