A member asked
almost 9 years ago
Removing an easement
Can a conveyancer help me remove an easement?
Researchers at LawAdvisor
Hi there. An easement is a legal right held by the owner of land (dominant land) to use another person’s land (servient land) for a specific purpose (e.g. a driveway used to access a rear property).
Easements can be extinguished or removed in a number of ways. The two land owners can agree to remove the easement, or the dominant land owner can release the servient land owner from the easement. If the dominant land owner has not used the easement for at least 20 years, the servient land owner can apply to the Registrar General to remove the easement. Further, particular changes to the dominant land (such as subdivision or assemblage) may modify or extinguish the easement.
Conveyancers deal with the legal process of buying and selling property, but they are also capable of helping you with other aspects of property, such as easements. Alternatively, you could speak to a property lawyer about the easement, particularly if you think you will encounter difficulties removing the easement or you are considering selling the property in the near future.
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