When purchasing a property, it is essential to have a comprehensive understanding of all legal aspects involved, including easements. Easements can significantly impact your rights and responsibilities as a property owner, so it's crucial to familiarize yourself with relevant legislation, such as the Conveyancing Act 1919 (NSW) section 88B (s 88B). In this article, we will delve into what easements are and provide a detailed explanation in reference to s 88B.

What are Easements?
An easement is a legal right that grants specific individuals or entities the non-possessory interest to use someone else's land for a particular purpose. This means that the owner of the land, known as the "servient tenement," must allow certain rights to the "dominant tenement" without physically possessing the land.  It essentially provides someone with a non-possessory interest in someone else's property. Easements ensure that certain necessary services, access rights, and shared facilities can be used and maintained accordingly. Easements can come in different forms and serve various purposes, depending on the needs of the parties involved and the nature of the land.

There are several types of easements commonly encountered in property transactions. These include:
 

• Right of Way: A right of way easement allows a person or entity to pass through another person's property to access a specific location, such as a neighbouring property or a public road.

 

• Utility Easement: Utility companies often require easements to install and maintain utility services, such as power lines, gas pipelines, or sewerage systems, on private property.

 

• Drainage Easement: A drainage easement provides the right to use a portion of land for the purpose of stormwater drainage. This ensures that excess water can safely flow through the property without causing damage.

 

• Conservation Easement: In some cases, landowners may choose to place a conservation easement on their property, restricting certain activities to protect natural resources or preserve historical landmarks.

Understanding the Conveyancing Act 1919 (NSW) s 88B
Section 88B of the Conveyancing Act 1919 (NSW) is a legislative provision that specifically deals with easements in strata schemes. This section focuses on the establishment of easements for associations or corporations entrusted with the responsibility of administering, managing, or controlling common property within a strata scheme. 

Implications of s 88B for Property Buyers
Before purchasing a property in a strata scheme, it's crucial to carefully review the strata plan and associated documents. This will help you gain a clear understanding of any existing easements and their potential impact. By doing your due diligence, you'll be able to assess your rights and responsibilities as an owner and make informed decisions with confidence.