Easement disputes

Easement disputes in New South Wales can arise when property owners disagree over the use, maintenance, or rights associated with an easement on one of the affected properties. Broadly, easements are land rights that permit one landowner to use another property for a specific reason, such as access, drainage, or running utilities. The use of the burdened land by the owner of the benefitted land can sometimes lead to disputes.

If you’re involved in an easement dispute in New South Wales, here are some steps you can take to address the issue:

1. Review the Easement Documents: 

Start by examining the documents related to the easement. This includes the property title, plans, and registered dealings that relate to the easement. Understanding the terms and rights associated with the easement is important.

2. Communication:

Try to solve the dispute through communication with the other party. It’s helpful to express your concerns and seek a mutually agreeable solution. You may want to involve a mediator or legal professionals to facilitate the discussion and to make any changes to terms.

3. Seek Legal Advice:

If communication doesn't resolve the issue, it's advisable to consult with a solicitor or lawyer who specialises in property law in New South Wales. They can provide guidance on your rights and choices for resolving the dispute.

4. Mediation:

Mediation is a process where a neutral third party facilitates discussions between the parties involved in the dispute and can suggest potential outcomes that the parties can agree with. Mediation can be a cost-effective path to resolve easement disputes without going to court.

5. Commence proceedings:

If all else fails and an outcome cannot be reached through discussion or mediation, you may need to take legal action. This normally involves filing a claim in the NSW Supreme Court, providing evidence and seeking orders from the Court.

6. Obey court orders:

If the court makes orders relating to the easement dispute, the parties will be bound to comply with them. For this reason, reaching an agreement through discussion and/or mediation can be an attractive solution, which will usually come at a far lower cost than Court proceedings.

Our highly experienced property lawyers specialise in easement disputes and can advocate to ensure that your rights are protected and that you navigate the legal process correctly and in the most cost-efficient way possible.

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