Call the utility provider if you want to know where any utility easements are on your property. Alternatively, go to the county land records office or city hall and request a map of the easement locations from a clerk. A property survey will also reveal the location of utility easements.
How do I find out if my property in Queensland has any easements?
Simply search for your property and turn on the ‘easements’ overlay to check if it is impacted by an easement (FOR FREE).
You’ll need to go to the titles office or a distributor like CITEC to receive the easement conditions (which could cost you up to $100 total).
Please contact our town planners if you require easements or would like to learn more about what an easement entails.
Victoria, how can I locate easements on my property?
Order a copy of your land title from Landata to find registered easements on your property.
In most circumstances, the land title has an Easements Information section that includes the following information:
- Yarra Valley Water, for example, is the competent authority (Land Benefited in Favor Of).
A property surveyor’s map with easement locations is frequently included in the title. They are most commonly seen at the property line, however they can be found everywhere on the property.
If you’re not sure how to read your property title, send an email to the Asset Management Drainage Team, who might be able to help.
In Texas, what is a utility easement?
Utility easements run the length of every residential property in MUD 208, whether on the back, sides, or both.
An easement is a legal agreement that gives you permission to utilize someone else’s property for a certain purpose. A utility easement gives utilities like power, gas, water, sewer, drainage, telephone, and cable the right to utilize a property owner’s land for certain purposes like building, repairing, maintaining, operating, and managing utility systems.
The land on which the easement is located is owned by the property owner. Utility firms, on the other hand, have the right of way to enter that area in order to acquire access to the easement for certain utility reasons. To gain access to the easement, these companies have the authority to enter your private property.
When a platted development is approved by the city or county, utility easements are usually created by plat. A separate agreement between the property owner and the utility can also be used to construct utility easements. When land is subdivided, easements are usually found along streets, lot lines, or between two lots.
Easements are normally registered in the county where the land is located’s real property records. The title company managing your property transaction should have discovered the presence of a documented easement. If you discover utility wires or equipment on your property, you may assume there is an easement over a portion of it.
A utility easement restricts your ability to use the portion of your land that is within the easement in a variety of ways. For example, you are prohibited from erecting structures in the easement that might obstruct access to the easement’s utility facilities. Storage buildings, pools, patios, decks, spas, or other permanent constructions that are located in the easement block unrestricted access and must be removed. Vegetation, particularly trees, can obstruct access or cause harm to services lying beneath it, hence they should be avoided on easements.
*While working in the easement area, utility companies are under no responsibility to replace or repair structures or vegetation damaged/trees. Indeed, if a utility incurs higher costs as a result of the structure or vegetation/trees in the easement, the owner could be held accountable. In addition, if access to the easement is restricted or hindered, the property owner may be held financially accountable for building delays.
How can I locate easements on my Texas property?
- By knowledge of the sale and partial release of platted properties, the mortgagee is estopped to dispute or be presumed to have ratified the public easement, as reflected on the plat, at a foreclosure under a deed or trust made before the easement.
- The owner of the easement gets title to the servient estate, thus terminating the easement.
- Termination due to restrictions – the servient estate is taken over by a third party.
Abandonment and expiration are two other options for ending an easement. The easement expires if it is no longer used for the purpose for which it was granted. An easement that is intended to last for a specific period of time will expire at the end of the agreed-upon period.
The treatment of easements varies by state. Check state law if you need to secure an easement in Texas. If you can prove that you are landlocked, the commissioner’s court may grant you an easement. Alternatively, you might approach the landowner and request an express easement.
In any event, putting the easement’s rules, use, and purpose in writing will help you avoid a trespass or adverse possession action later on.
View digital cadastral data online
The Queensland Globe provides access to cadastral data as well as more than 600 spatial data layers. Take the following steps:
- To see the cadastral data boundaries and land parcel details, zoom in to your region of interest.
Download digital cadastral data
- Property boundaries Queensland is a ‘lite’ version of the digital cadastral database that just shows the property borders’ minimum attribute data.
- Cadastral data Queensland by area of interest allows you to extract data by local government area, city or suburb (locality), or by moving your cursor over small areas.
- Cadastral data weekly entirety of State Queensland is a pre-packaged zip file that contains the whole state cadastre in GDB file format.
How do I locate covenants on my Victoria property?
When you conduct a title search, you will be given a register search statement that includes the following information:
On our commonly asked questions page, you may learn how to conduct a title search.
An instrument search can be used to obtain a copy of an instrument, such as a plan, covenant, or planning agreement, if one is required. You can do this with the help of LANDATA or a licensed information broker. For further information, see our page on where to find land title information.
The position of the diagram or the source document indicates the border dimensions. These limits, however, are not guaranteed. The exact location of your property boundaries can only be determined by a qualified surveyor. The graphic may also show whether the land is affected by an easement.
Common suburban property dimensions are typically depicted with a street frontage and a connecting distance to a street corner.
Height and depth are frequently included in strata and multi-level developments. When delineating a boundary, it is typical for parcels of land in rural areas to include a reference to a river or creek.
Changing the borders of a property or a title can be a difficult task. A licensed surveyor and, in most cases, a lawyer are required.
Is it necessary to register easements?
Registration is essential to complete the express grant or reservation of an easement for an interest comparable to an estate in fee simple absolute in possession or for a term of years absolute over registered land (section 27(2)(d) of the Land Registration Act 2002). It’s a registrable disposition, in other words. Even though the lease itself cannot be registered or noted, a registrable disposition is nevertheless a registrable disposition. Because the grant or reserve is a registrable disposition, it will not take effect until the registration requirements are completed (section 27(1) of the Land Registration Act 2002).
Paragraph 7 of Schedule 2 to the Land Registration Act 2002 outlines the registration requirements for a valid easement. A notice must be filed in the servient land’s register, and if the dominant land is likewise registered, the benefit must be filed in the dominant land’s register.
In order to register an easement, you must use form AP1 and include both the benefiting and servient land. You can apply to register the easement using either form AP1 or form AN1 to meet the registration criteria if the benefiting land is unregistered (rule 90 of the Land Registration Rules 2003).
If you use form AN1 or form UN1 to apply for entry of an agreed or unilateral notice and we complete the application, it will not meet the registration criteria if both the benefiting and servient land are registered. If you later apply to register the easement using form AP1, we will add an extra notice with the new application date. The existing entry will not be cancelled without a special application in form UN2, form UN4, or form CN1 as appropriate, because the unilateral or agreed notice affords a degree of protection and problems of priority may arise.
When all of the registration conditions are completed and the easement is for a valuable consideration, section 29(1) of the Land Registration Act 2002 states that the easement takes precedence over any prior interests that are not protected at the time of registration. An interest is only protected if it is a registered charge, the subject of a notice or an overriding interest, or if the burden of the interest is consequent to the estate in the case of a leasehold estate disposition.
For example, a registered proprietor may give a legal charge and then an easement for substantial compensation a few days later. If the charge is not protected (or does not have the benefit of a priority period under a search) when the easement is registered, the easement will take precedence over the charge. In contrast, if the easement’s registration requirements are not met for example, if only an agreed notice is recorded in the servient land’s register the easement will not take precedence over the earlier charge: section 28 of the Land Registration Act 2002 applies, which states that the first in time takes precedence.
Victoria, how close may you build to an easement?
Building any construction or doing works across an easement or within 1.0 metre lateral offset of a Council stormwater drainage asset is generally discouraged by Council.
