In the real estate transaction, there is a link for the lawyer to check the ownership of the house in the system. Sometimes, the lawyer will tell you that there is an EASEMENT in the backyard of this house. What the hell is this EASEMENT, and how does it affect the ownership of the house? Well, Wanjia will tell you the secret of easement.
The so-called EASEMENT (easy rights) refers to one or several people for a specific purpose, without affecting the general property rights of the land owner, using the property rights (propertyright) of the land.
include:
Right of passage: the right to pass for general or special purposes on the land of others;
Daylighting rights: The right to daylight through adjacent land:
Drainage rights: The right to drain on adjacent land:
Supporting right: the right to support its buildings by adjacent land or buildings;
Right to fence: The right to fence, fence, etc. on adjacent land buildings.
In daily house sales, the more common examples are: public facilities lay telephone lines or pipes under your home. Then if you want to dig a swimming pool in the yard, or want to rebuild the house, it is very likely to be restricted by EASEMENT and cannot be operated. That’s why, before the property was easy to CLOSING, we needed a lawyer to investigate all the rights related to real estate.
Because EASEMENT is a kind of real right, it is inseparable from the ownership of the house. Once an EASEMENT (Easement) is set for a real estate, it is necessary to figure out what type of EASEMENT (Easement) it belongs to and how much it affects the ownership of the house.
Void easement
In some cases, if the originally planned easements no longer have the original function, then you can apply to remove them from the title deed. For example, if your neighbors have redirected their drainage pipes in different directions, or no longer need to enter and exit through the reserved lanes on your land, you can ask them to sign the corresponding documents to declare and submit the land rights registration Change the application to formally remove the easement restrictions that exist on your land.
“If your neighbor no longer wants to use easements and agrees to give up their right, then you can get rid of it completely,” Bruce said. “Sometimes the neighbors may want some money as compensation for the waiver of their rights, or it is possible that the neighbourhood will be harmonious and voluntarily give up. In short, if the agreement is reached, all that remains is the judicial process.”
Dunny Lanes
The excrement truck lane is a special type of easement established in the mid-nineteenth century for the “Nightcart Men” excavator to take away the sewage and reserve the special road. With the advent of the indoor sewerage pipeline, the narrow dung road network has become redundant and outdated, but their easements have been retained.
In many cities or villages in Australia that have old urban areas, there is such a part of “extra” unowned land. Over time, these roads that no longer have the original function have been “taken back” by the homeowners and incorporated into the current backyard. But it’s worth noting that Bruce said: “In a nutshell, you don’t own these manure lanes that were originally located at the back of the house, which also means that your council can take it back.” That being said, if All your neighbors have already occupied the original dung driveway, so you will most likely not be investigated and returned to this part of the land. “Even, this does not mean that it belongs to you. It also said: “Sometimes, the Council will sell these abandoned public manure lanes, and if you have legally included some lanes under your real estate name, then Such a wise move may also greatly increase the value of your property. “
Wan Jia believes that the easement that he has can make the row of houses along the road have an extra “back road” to enter and exit the house, so anyone who tries to occupy one of the walls or add a roadblock in it is illegal. of. An additional backyard passage for pedestrians or vehicles to enter and exit the house can greatly increase the potential value of the property.
This is the actual benefit that the retention of easements can bring to you. Therefore, it would be very worthwhile to write a letter to appeal to the owners who have invaded the public passage and request them to be demolished according to law. Of course, before doing anything, please confirm that you have received the correct legal aid.
What needs to be informed is that when the owner sells the property, the easement must be disclosed in the sales contract. For the buyer, before the formal exchange of contracts, the easement on the land should be investigated to understand the beneficiary of the easement and how it affects the owner’s use of the land. Generally speaking, most easements are set around the land, and the restrictions on the owner’s use are relatively small. If the easement occupies too much land on the land, then the impact on the owner may also be relatively large, and will also have a certain impact on the land value.
