Easements and Covenants
From time to time it may be important to know and understand whether property is owned subject to, or with the benefit of, certain rights. If so, what is the extent of those rights and who can exercise them?
An easement allows the benefiting property owner to enjoy a right over another’s land, for example, a right of way or a right to use water pipes or drains.
In contrast, covenants can be restrictive or positive. They may impose a positive obligation, such as to maintain a fence, or be restrictive in nature, such as preventing the use of a property for business purposes.
Easements and covenants can cause disagreements which escalate quickly causing the two sides to become entrenched.
We are well placed to give practical advice. It may be that there is a need to protect rights to prevent interference, or to enforce or modify covenants. We can advise on the appropriate process and forum and look for opportunities to negotiate or mediate as a means of avoiding litigation costs.