Caveats, Covenants & Easements
There are many complicated restrictions that can be placed on land or the ownership of property. At first you may not realise such a restriction has an effect on your property, and then it may be too late to rectify the issue.
Learn more about such restrictions, and an overview of the services we offer you related to caveats, easements and covenants.
What is a caveat?
A caveat is a document that any person with a legal interest in a property can lodge on the property. After lodging the caveat, a caveat note appears on the property title giving anyone with an interest notice that a third-party claims rights over the property. This prevents any further legal dealings on the property without first, the resolution of the caveat.
We often give advice in relation to caveats, and defend our clients’ interests against a caveat, or any adverse litigation, by filing the appropriate applications in court.
What are covenants?
Covenants are a signed agreement between the seller and buyer, setting terms and conditions, on how the land can be used in the future. The restrictions include such elements to ensure that the land is not used in certain ways or that buildings conform to certain requirements.
They can be popular in land within a sub-division to try and ensure that the buildings are all of a uniformly high standard. Other covenants may prevent views from being blocked or natural light being impeded.
Generally, to remove a covenant an application must be made to the person who imposed it and this may be complicated. Anyone seeking to remove one should therefore seek expert legal advice. Mr Conveyancer, on behalf of our clients, handle the transfer of leased or deeded property according to existing covenants, and mediate and offer counsel in matters of drawing up a covenant involving our clients.
What are easements?
Easements are a legal allowance to someone who is not an owner of the land, to use it for a certain purpose, such as drainage. They can be classified as easements of way, land or air, and provides separate rights to dominant and servient landowners. For example, the neighbours may have a right-of-way to enable access to their property or the Water Corporation may have the power to obtain an easement to use part of the land for sewerage or water pipes.
We facilitate granting of easements by, or on behalf of, our clients. We also ensure that they are executed for the specified party’s benefit and ensure that easements granted over our clients property are not exploited.
Why Mr Conveyancer when dealing with caveats, easements and covenants
They are reasonably common and in most cases will not affect the value or saleability of the property. However, before buying you should ask the selling agent if they exist, request copies and read and understand them before making a commitment to buy. You may also wish to seek further legal advice.
A lot of complicated clauses and can taxes come into the picture can be relevant when considering caveats, covenants and easements. Also, defending one’s property against unfavourable litigation can be quite stressful, without proper legal help. We are here to put an end to all of your worries! We offer well thought out legal advice related to caveats, covenants and easements.
We believe in maintaining professionalism, while at the same time, taking care to understand the unique conditions of each of our clients so that personalised solutions can be offered. We understand that you have very specific needs– and we are here to cater to them.
We are here to offer a complete solution to meet your needs. We have a ‘can do’ attitude and understand that timely and professional attention to detail is required for the best property transaction outcome. We will help you save time and money. Click here to contact us today and explore our quality service and legal conveyancing solutions. Your property deserves the assistance, quality and skill that we offer.