‘A Right to land other than Freehold title to carry out some limited activity being distinct from actual occupation of the land. These can be in many forms including pedestrian footways, carriageway for motor vehicles and rights of access for maintenance and/or construction.’
Section 88B of the Conveyancing Act 1919 enables the creation and release of affecting (easement) interests.
Court orders can be sought under “Section 88k – Conveyancing Act. 1919” for the acquisition of land for permanent or temporary purposes. Examples of this includes easements to drain storm water or perhaps for access to erect scaffolding to maintain a premises or repair a retaining wall.
Our easement valuers can provide a valuation for these purposes to be used preferably for negotiation purposes or as evidence as part of an application to the Supreme Court. Since December 1995 the Supreme Court has the power to make orders imposing easements and access over land where reasonably necessary. In our experience though, most matters are resolved by amicable negotiation.
Court precedents have established easement valuation reasonings that a valuer may follow in many circumstances, however each matter should be considered individually. Typically the valuer is only assessing a partial interest in the land (not fee simple) for the easement over the burdened land in favour of the benefitting land(s).
The terms of statutory acquisition are set within the Land Acquisition (Just Terms Compensation) Act 1991. Section 55 wherein the relevant items of compensation are detailed.
Clisdells have extensive recent experience with these, most notably with general road widenings, the “Westconnex Motorway”, Light Rail projects by Transport for NSW and expansion of medical precincts by Heath NSW. In these actions we act for both displaced owners and tenants.