All Topics / Legal & Accounting / Creating an easement

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  • Profile photo of ladybirdladybird
    Participant
    @ladybird
    Join Date: 2003
    Post Count: 61

    I am not sure if easement is the correct term, but I will use that term for this question.

    I am building two town houses at the rear of my existing house. They will have car access from a ROW at the back and mail access via a 1.3m path along the side of my house to the front street. In order to meet the minimum open space requirements of the zoning, this path is being allocated 50/50 to each of the rear lots. 33% and the open space requirements would not be satisfied.

    This is normally fine because the front property doesn’t need to use this path except when maintenance needs to be done at that side of the house – cleaning, painting, gutters etc. Plumbing problems might require the path to be dug up as the front house’s sewer line runs under the path.

    Is it easy to create an easement that allows the front house to have access to the path for maintenance purposes?

    Also, as an alternative to an easement. Between subdividing and selling the rear properties, I will own all 3 properties. Can I somehow put into a strata agreement guaranteed access to the path for maintenance and ensure that it cannot be removed when the rear houses are sold and I become a minority voter.

    Profile photo of DWolfeDWolfe
    Participant
    @dwolfe
    Join Date: 2009
    Post Count: 1,253

    Hi,

    Look don't quote me on this because I am only just up to this stage with mine, but, when you do the strata titling then the conveyancer or property lawyer etc can put this in the title. This space can probably be classed as common area which would be wise if you ever need to sell all. I would call up the appropriate person now and just have a chat about the options so there are no surprises when you get to the end. Ours are pretty straight forward with only driveway as common. Keep us posted so we can all learn too :)

    D

    DWolfe | www.homestagers.com.au
    http://www.homestagers.com.au
    Email Me

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