Compensation for easement on property
Eminent domain – power to take property
The location of the easement is crucial. If it’s 900 wide down a side boundary, as is customary, it won’t have much of an effect on the servient tenement’s usage and enjoyment. A simple measurement of the land’s area versus the easement’s area multiplied by the land’s value serves as a starting point for negotiations. However, the easement is not straightforward, and the result obtained using this procedure must be discounted. As a guideline, 2 percent of the land’s value is also used.
If a valuer is hired, the approach would most likely be to value the land without the easement and then again with the easement, with the difference determining the amount of compensation to be paid. If the easement materially impacts the use and enjoyment of the servient tenement, this is an objective way of assessing the detriment.
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You have every right to be perplexed if you receive a letter in the mail stating that someone wishes to build a pipeline through your land or that they want an easement from you or that they will take you to court. You’re probably thinking a lot of stuff that we don’t want to put here, but the main question you’re probably asking yourself is whether this is real or just a bully tactic.
Developers successfully persuaded the NSW government to pass legislation enabling them to compel landowners to give them easements. We have another article on what an easement is (see link below), but for now, all you need to know is that it is a legal privilege that someone has to use your land in some way without having to ask you each time. Why wouldn’t they do this to obtain an easement over your property for a low price? Do you know someone who is a generous developer? I don’t think so.
A neighbor can need access to your property on occasion. They might want to connect a pipe to a water supply, or they might want to connect a pipe to a drainage system. They might even have to drive through a part of their neighbor’s property to get to theirs. If this occurred in the past, your neighbor (the dominant tenement) will have to negotiate with you (the servient tenement) to agree on access and use. This occurred as a result of the Grant of an Easement being registered. The easement document stated the position where access was necessary, such as the access road or line that the water pipes would follow. It formally spelled out the parties’ rights in great detail. After that, the easement was registered. Amounts of monetary compensation will be settled upon based on the degree of infringement into the privileges of the servient tenement. Typically, the dominant owner must then cover all expenses associated with putting the agreement into effect. This resulted in disagreements when the neighbor wanted access and couldn’t get it at all.
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A utility easement is a common form of agreement that allows municipal utility companies to use certain areas of land. At the time of purchase, a property might have pre-existing utility easements. The presence of electricity, television, telephone, sewage, and sewer systems on the property necessitates the use of utility easements. Utility easements exist for the good of the city, as running utility lines straight through a neighborhood rather than around individual pieces of property is more convenient and cost effective.
This easement does not grant utility companies free reign on your land, but it does allow them to do something for the community’s benefit. Without your permission, the company can, for example, install underground lines or utility poles. The easement also limits what you can do with your land. You couldn’t plant a tree in such a way that it would directly compete with power lines, for example. Utility easements don’t usually affect a property’s value unless they place strict limits on what the owner can and can’t do.
(pete) police powers, escheat, taxation, eminent
An easement is a legal right to cross over or use a portion of someone else’s property. Easements can come up when you’re looking to buy a home because the property you’re looking at may be burdened by or benefit from an easement.
An easement for repair and maintenance is another common type of easement. This could occur if your land’s buildings, such as your house or garage, are so near to your neighbor’s property’s boundary that you need to cross your neighbor’s property to make repairs to your property, such as painting.
An easement to drain water, which is typically for stormwater, is another form of easement. This is where your property’s runoff passes through your neighbor’s property to connect to the stormwater system. You could come across a cross easement for a party wall if you’re buying a townhouse or a terrace. A party wall is one where you and your neighbor share rights and obligations for ensuring that the shared wall is kept in good repair.