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June 2018

Amendment of easement

June 2018
Other
Queensland

Asked

Property Law: A client's land has an easement registered on title benefiting the next door neighbour. It is to access the water supply which in turn powers the neighbours machinery which is quite noisy. Council has determined that the decible levels of the machinery being operated is higher than allowed. In order for the neighbour to be able to use the machinery which require the use of the easement in order to operate they would need to change the location of the easement. How could this be achieved? Extinguishment and creation of a new easement or by amendment?
Many thanks

Answered

Thank you for the question,

Section 91 of the Land Title Act 1994 and s 370 of the Land Act 1994 provide that a registered easement may be amended by registering an amendment of easement. However, the amendment must not:

  • change the location of the easement; or
  • increase or decrease the area of land affected by the easement; or
  • change a party to the easement.

Given the area and/or the location of the easement is changing, an amendment is not possible and a new easement will be needed.

Regards

Mentor

Other
Queensland