Easements can be painful for property owners. They can hinder an owner’s ability to fully utilise their land and enjoy it in the way they dreamed. Therefore many property owners want to know: is is possible to remove an easement?
What are easements?
Easements are legal restrictions placed on a title that can restrain the use of the land. They provide the right of a third party (such as a neighbour or local authority) to use the land for a specific purpose.
For more information about the different types of easements, read out helpful post on easements.
Can I remove an easement?
The good news is that it is often possible to remove an easement.
An easement can be removed under the following conditions:
- by agreement
- by abandonment
- by alterations made to the dominant tenement
- by unity of estates
- by statute.
The easement removal process can be complex and time-consuming, so it is best to get an experienced licensed surveyor to carry this process out on your behalf.
A licensed surveyor can use the following legal options to lodge an application for an easement removal:
- Section 45 of the Transfer of Land Act 1958
- Section 73A of the Transfer of Land Act 1958
- Section 22 of the Subdivision Act 1988
- Section 23 of the Subdivision Act 1988
- Section 36 of the Subdivision Act 1988.
What will the process look like?
At Linear Land Surveying, our goal is to make the process as smooth and stress-free as possible.
After discussing your specific needs, we will undertake the following to ensure your easement removal is successful:
- Review & assess the easement – this stage will involve a review of your property title. We may also need to conduct a land survey and consult with relevant authorities.
- Preparing the relevant documentation – we then prepare all the relevant documents to ensure the approval of your easement removal. This could include the Application Form, any required statutory declarations and accompanying plans and documents.
- Lodging your application – after preparing your application documents, we then lodge your application with the relevant authorities. We also continue to liaise with these authorities to ensure your application is progressing as quickly and smoothly as possible.
- Providing the updated title – once your application has been successful, we then provide you with any relevant documents and a copy of your updated title, now unencumbered by an easement.
How can we help?
If you need help removing an easement, give Sam and team at Linear Land Surveying, (Melbourne land surveyors) a call on 9873 8888, or email survey@linearlandsurveying.com.au for more information and help.
The information on this website is intended to be general in nature and is not personalised land development advice. It does not take into account your specific objectives, land development site or financial situation. Before acting on any information, you should consider the appropriateness of the information provided and seek more specific advice from the professional team at Linear Land Surveying.
