Glossary | ||
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EASEMENT OF SUPPORT | |
| Easement of Support is best defined by: The full right and liberty at all times hereafter to have the existing building erected upon the land comprised in Folio of the Register Volume XXXXX Folio XX as at the date of this transfer and any future building requiring for it's stability the same or any legs support than the existing building from the soil and existing building erected on the land comprised in Folio of the Register Volume ZZZZZ Folio ZZ being both lateral and subjacent support upheld and maintained by the soil and existing building erected on the land comprised in Folio of the Register Volume ZZZZZ Folio ZZ PROVIDED ALWAYS that this easement of support shall not be construed to prevent the owner for the time being of the land comprised in the Folio of the Register Volume ZZZZZ Folio ZZ or it's successors in title from making excavations or carrying out works of any nature or kind provided that in making any excavation or carrying out works for any purpose sufficient support for the existing building or any future building shall be provided by with natural or artificial means and that not excavations or works shall be made of a permanent nature without leaving permanent means of support. SIMPLY: An easement of support is a way of ensuring that whatever is required to maintain the support of a building is maintained (not removed or 'weakened')by the other party. HOW WE ASSIST: We can redefine the location of such easements and explain the extent of area to be maintained. Contact us for advice in relation to these matters. | |
EASEMENT TO BATTER | |
| Easement to Batter means the right for a highway authority to maintain the slope and stability of higher land adjoining a highway to ensure the adjoining land does not spill onto the highway. Within a Batter Easement or Easement to Embank some Councils will allow building or the construction of walls etc but only after they are satisfied that the Road is still ‘supported’ . This usually requires the certification of an engineer followed by a Petition to Amend the sealed plan. The Petition to Amend can be simple as the only interested parties are Council and the land owner. Contact us for advice in relation to these matters. | |
EASEMENT | |
| Easement: A right which a person has to use land belonging to another for a particular use without taking ownership of the land. This right must be attached to another piece of land, called the dominant tenement. The most usual easements are rights of way and easements for the flow of water or sewerage over and through another's land. Contact us for advice in relation to these matters. | |
EAVES EASEMENT | |
| Easement of Eaves means the right of the owners and occupiers for the time being of the dominant tenement to have eaves projecting or overhanging that portion of (for example) lot 'x' marked 'w''x''y''z' on the plan, and includes the right to enter in and upon the land for the purposes of repairing and maintaining such eaves at all times with or without workmen and making good any damage thereto occasioned by such entry in use. SIMPLY: an easement that allows the eaves on one building to overhang the boundary of the land into the ownership of another. HOW WE ASSIST: We can advise of the extent of such an easement and redefine it's location if the eaves themselves are missing. Contact us for advice in relation to these matters. | |
EFFLUENT DISPOSAL | |
| Effluent Disposal is a necessary part of developemnt approval and is a significant issue in unsewered areas. Effluent must be contained within the boundaries of the allotment in question or an Absorption Easement See Septic Tank in this Glossary. Contact us for advice in relation to these matters. | |
ELECTRICITY INFRASTRUCTURE EASEMENT | |
| Electricity Infrastructure Easement is best defined by: FIRSTLY all the full and free right and liberty for Aurora Energy P\L and it's successors and it's and their servants agents and contractors (hereinafter call "the Corporation" at all times hereafter: a) TO maintain and lay erect and install anything used for, or in connection with the generation, transmission or distribution of electricity including powerlines (overhead or underground), substations for converting electricity, substations for transforming or controlling electricity and equipment for metering, monitoring or controlling electricity (hereinafter called "electricity infrastructure) of such materials and type as the Corporation may determine above, on or under the land respectively marked "Easement Infrastructure Easement" on Plan (hereinafter called the servient land. b) TO enter into and upon the servient land for the purpose of examining, operating, maintaining, repairing, modifying, adding to or replacing electricity infrastructure without doing unnecessary damage to the said servient land and making good all damage occasioned thereby. c) TO erect fencing, signs, barriers or other protective structures upon the servient land if in the opinion of the Corporation these are necessary for reasons of safety. d) TO cause or permit electrical energy to flow or be transmitted or distributed through the said electricity infrastructure. e) TO enter into and upon the servient land for all or any of the above purposes with or without all necessary plant equipment and machinery and the means of transporting the same and if necessary to cross the remained of the said land of the registered proprietor/s for the purpose of access and regress to and from the servient land. NOTHING herein contained shall precent the registered proprietor/s for themselves and their successors in title from using the servient land PROVIDED THAT such use does not derogate from this grant or, in the opinion of the Corporation's electricity infrastructure locate, on or above or under the servient land. SECONDLY the benefit or a covenant for Aurora Energy P\L and its successors with the registered proprietor/s for themselves and their successors in title of the servient land not to erect any buildings or place any structures or objects within the said easements without the prior written consent of the Corporation to the intent that the burden of the covenant may run with and bind the servient land and every part thereof and that the benefit thereof may be annexed to the easements hereinbefore described SIMPLY: this means that the authority that enjoys the easement has the right to erect and maintain structures on your land.It usually also means that you are not allowed to erect any structure within the boundaries of the easement HOW WE ASSIST: If your title indicates a Wayleave or Infrastructure Easement we can mark it's location on the ground and also show it's relationship to other structures and title boundaries. In this way one can design and build improvements without intruding into the easement and contravening the rights of the easement holder Contact us for advice in relation to these matters. | |
EMBANKMENT EASEMENT | |
| Embankment easement: means the right for a highway authority to maintain the slope and stability of adjoining land below a highway to ensure the highway does not collapse onto that land. Within a Batter Easement or Easement to Embank some Councils will allow building or the construction of walls etc but only after they are satisfied that the Road is still ‘supported’ . This usually requires the certification of an engineer followed by a Petition to Amend the sealed plan. The Petition to Amend can be simple as the only interested parties are Council and the land owner. | |
ENCROACHMENT | |
| Encroachment: An unlawful gaining of part of the land of a neighbour. An encroachment is usually in the form of a fence, or portion of a building, erected by someone on his or her neighbour's land. | |
ENCUMBRANCE | |
| Encumbrance: An encumbrance on a title is usually a limitation such as a covenant or easement. | |
ENGINEERING SURVEYS | |
| Engineering Surveys: are carried out to provide both vertical and horizontal details over your land to facilitate the further engineering design of roads or servicing. HOW WE ASSIST: We can co-ordinate with other allied professionals so that the survey is tailored to the precise requirements of your project. Contact us for advice in relation to these matters. | |
EQUITY | |
| Equity: The value or purchase price of a property less the amount
of any loans charged or secured against the property. Equity is the proportion of the property value that the owner can call his or her own. | |
ESTATE | |
| Estate:An estate is an interest in land. | |
EXCLUSIVE AGENCY | |
| Exclusive Agency: Another name for sole agency. The property is given for sale to one agent only for a specified period. | |
EXTENTION AGREEMENT | |
| Extension Agreement: An agreement to extend the terms of a document or contract. An extension agreement in a mortgage, for example, grants additional time to perform one or more of its provisions. | |
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