Natalie Diener – Associate Solicitor, Property and Development
What does walking through a church yard and unloading bags of flour have in common? These both related to rights of way across someone else’s land, also known as an easement.
Easements give rights to access someone’s land in some way without ownership and in each of the above circumstances the people benefiting from the easements found themselves in court over the use of a right of way easement.
The court cases found that where an easement has been granted that permits a person to pass over land which is not their own, that person may have additional rights implied or alternatively, how they pass over the land may be restricted.
In the case of a pastry chef, the court said they were entitled to stop their van to unload supplies and load finished goods even though the easement was to pass over the land without mention of stopping, however temporary. In the case of the church pathway, given the nature and size of the path and area at the door to the church, vehicles were not permitted and passage was limited to be on foot only even though vehicles were not expressly forbidden.
Many properties have easements registered and unregistered on them, and understanding these rights to your property is not always straightforward. If buying a property, it’s always important to understand if the land is affected by these kinds of rights and obtaining the services of an experienced and qualified lawyer is important to supporting you through the purchase of a property.
For assistance in property law, please contact the Beck Legal team on (03) 5445 3333.
This article was originally published in The Guardian Swan Hill on 1st November 2024