Are you planning to purchase a property or remodel your home? Then knowing about boundaries, easements, and the regulations surrounding them is a crucial part of your project. While some rules might differ from one council to another and from state to state, the essential reasons for having them are basically the same.
What Exactly is a Boundary?
A boundary, also commonly called a property line, marks a specific area’s limits. While boundaries are invisible, they’re very much in place and could result in issues between neighbours, explains one of the top property solicitors in Townsville. Councils have regulations in place to ensure fairness between neighbours sharing boundaries.
These place limits on what you can and can’t conduct near or directly on your boundary, such as the following:
- You can share the cost of building boundary fences.
- You can construct specific structures at a predetermined distance from the boundary.
- You can’t construct retaining walls on property lines without the permission of your neighbours. Likewise, retaining walls shouldn’t negatively affect the adjoining property.
What Exactly is an Easement?
An easement is defined as a legal right to cross or utilise some part of another person’s land. But you might be thinking, how do councils decide on easements? In general, easements are put in place when it might serve everyone affected. For instance, an easement might be needed for the following:
- Providing qualified service technicians access to work on your land for repairing or maintaining services right on the easement;
- Providing relevant people access to vital services including electricity and water lines; and
- Allowing neighbours access to the road going to their property. Do note though that while you’re not legally liable for the carriageway’s maintenance, you’re legally responsible for respecting them due to the critical nature of services and access to these.
Boundaries and easements on your property are extremely crucial. Before purchasing any property, you need to make sure that you’re aware of any easements that are placed on it. In addition, if you’re not 100% sure where boundaries on your property are located, it’s best to get a surveyor to inspect and redraw property lines.