Ownership of a property entails a great deal of responsibility, ranging from comprehending legal terminology like covenants and easements. These are terms that you can place on property deeds that dictate how you utilise or divide your property. When purchasing a new property or changing your own, you need to come to understand easements and covenants so that you will not catch yourself by surprise or be penalised under the law.
Understanding Easements and Covenants
Easements and covenants are legally binding pacts that carry significant influence in the use of a property.
An easement grants someone else a legal right to utilise part of your property for a specific purpose. Shared driveways, utility easements, or footpaths for adjacent owners are common examples. Easements are marked on the property and do not cost anything when ownership changes, so they are an obligatory part to settle in a property transaction.
Covenants, on the other hand, are agreements that restrict or control the use of property. They might be building limitations, what can be built, or restrictions on future development. Covenants are usually enforced to maintain a neighbourhood’s character or to protect common assets.
See also: Denverbased Quantum Seriesritter Denver Businessjournal
Why Property Owners Need Advice
While easements and covenants are common legal tools, neither their application nor impact are ever simple. For example, an easement can limit where you are allowed to build or add onto your house, while a covenant can limit you from building more than one house. Ignoring such limitations can lead to dispute with neighbours, court action, or fines.
Without the guidance, you risk misinterpreting these contracts. For example, a covenant extending for several decades might not be suitable for your current development requirements. Also, poorly drafted easements can cause disputes with adjacent owners over ways of right.
Understanding how these contracts impact your rights is important if you intend to renovate, subdivide, or resell your property. Legal support for commercial property transactions, for example, can advise you so that you are still within all the legal regulations and your interests are protected.
How Legal Professionals Can Help
Legal experts specifically trained are of the most benefit in identifying the intricacies that are involved with easements and covenants. Property lawyers can review contracts and deeds to your property and classify recognised covenants and easements which could affect your ownership. Lawyers may also provide specific advice in considering how such an arrangement may impact your individual project.
For example, attorneys can organise the negotiation of amendments of ancient or tyrannical covenants. If a neighbour has misused an easement or exceeded its initial intent, your attorney will act on your behalf in the resolution of the issue equitably. In addition, they can help you with any approvals by authorities for the amendment or revocation of covenants and easements, and all the actions they will take will be in accordance with Australian property law.
Having professional advice at the beginning of buying or acquiring property can save you money on costly disagreements down the line, giving you peace of mind.
Keeping You Safe
It is essential that every owner of a property in Australia knows what easements and covenants are. They can influence what you can and cannot do with your land, the way you can construct your land, or sell it in the future. Professional advice is necessary in their interpretation of the conditions and protection of your property rights.
If you are not sure about easements or covenants over your property, do not hesitate to seek legal professional advice. You can approach a property lawyer, who will enlighten you, prepare you for any difficulty, and ensure that your intentions are within the law. Take your time to arm yourself with good information and make informed decisions as a property owner.
