An easement put simply is typically a right for one owner (the dominant tenement) to possess legal use of a portion of, or use part or all of, another owners land (the servient tenement). The most common forms of Easements we create are Easements to Drain Water.
A Transfer Granting Easement is created using the 01TG Form. The form must be correctly executed, by both the owners and their Mortgagee’s (lenders) if they possess a Mortgage. The form must be accompanied by an “Annexure A” sketch showing the physical location of the proposed easement. The documents are then submitted to LRS for legal registration of the easement.
Hints: We will need a copy of the design or DA plans to correctly draft the location of the easement, the sooner we get these the sooner we can get the process started.
If the easement is going to be over buried pipes or infrastructure we need to locate what’s in the ground before it is covered up. Please coordinate with our staff to have them locate the structures in the ground.