At Lamont Law, our partners provide expert legal assistance in creating, modifying, and registering easements to ensure clear land access rights, service provisions, and compliance with NSW property laws. Whether you are a property owner, developer, or investor, understanding and correctly handling easements and land-use conditions is essential to avoiding disputes and ensuring smooth property transactions.
Easements grant legal rights to access or use a portion of land for specific purposes, such as utilities, drainage, and shared driveways. These rights are permanently recorded on the property title, making them binding on current and future owners.
How We Assist with Easements & Land Use Agreements
Rights of Way & Service Easements
Easements can be created to allow access across private land or to provide essential services.|
We assist in:
- Rights of Way Easements – Allowing access across a property for another landowner, business, or government authority.
- Service Easements – Granting access for water, electricity, gas, drainage, sewerage, and telecommunications infrastructure.
- Driveway & Access Easements – Ensuring multiple landowners can legally use a shared road or driveway.
Properly structured easements ensure that all parties’ rights are protected, reducing the risk of disputes in the future.
Restrictive Covenants & Land-Use Conditions
Restrictive covenants impose legal obligations on how a property can be used. These may be required by developers, local councils, or property owners to maintain the character, value, and permitted use of land.
We assist with:
- Drafting restrictive covenants to control land use (e.g., limiting building heights, preventing subdivision, or specifying residential-only usage).
- Modifying or removing restrictive covenants when land use needs to change (subject to council approval and other legal requirements).
- Enforcing restrictive covenants in case of disputes between property owners.
Restrictive covenants are binding on future owners, so it’s crucial to seek legal advice before buying or developing land subject to such conditions.
Creating Easements by Transfer or Section 88B Instruments
Easements can be established in two primary ways:
- By Transfer – This method is used when an easement is created by agreement between two landowners. The easement terms are included in a Transfer of Easement document and registered with NSW Land Registry Services.
- By Section 88B Instrument – This method is used when an easement is created as part of a subdivision or development. A Section 88B Instrument is lodged and registered with the subdivision plan to define the rights, restrictions, and conditions of the easement.
We assist with:
- Drafting & registering easements via Transfer or Section 88B
- Negotiating easement terms between landowners, councils, and developers.
- Resolving easement disputes, encroachments, and access issues.
