Are you looking a buying a new property or developing an existing property? There may be restrictions on what can be built on neighbouring land, even if that land belongs to someone else.
One example is a light and air easement!
What is a light and air easement?
A light and air easement is a legal right that protects a property’s access to natural light and airflow across neighbouring land.
The property receiving the benefit is known as the ‘Dominant Tenement’, while the neighbouring property carrying the restriction is the ‘Servient Tenement’.
In simple terms, the easement can stop certain buildings, structures or vegetation on the neighbouring property from blocking the protected light and air for the other.
What can be restricted?
The restrictions can be broader than just preventing a neighbour from building a house.
Depending on the wording of the easement, they may apply to:
- buildings and extensions;
- garages, sheds and carports;
- awnings and shade structures;
- satellite dishes and other equipment; and
- trees, shrubs and other vegetation.
These are the most common ones that we see, so, even something that seems relatively minor could potentially affect the rights protected by the easement.
What is the height restriction that would apply?
The easement will usually specify a particular height or level from which the right to light and air is protected.
For example, an easement might state that the protected level is 60 metres and this level is important because a proposed building or structure above that point may interfere with the easement.
Why does this matter when buying or developing on property?
An easement can affect what you are able to do with your property and gives you restrictions, which can affect your future use and intention.
If you own the property benefiting from the easement, it may protect you from neighbouring development that blocks your light and air.
However, if your property is burdened by the easement, it may limit your ability to build, extend, plant trees or install structures.
Importantly, these rights and restrictions can continue to apply when the property is sold as well, so it is important when you do go to sell, that these are disclosed to any future buyers.
Before you build, make sure you check your easements!
It is important to understand any easements registered on the property before you start planning or building.
A light and air easement may not be obvious from simply looking at the property, but it can have a significant impact on what you can build and how you can use the land.
Understanding these restrictions early can help you avoid unexpected issues, costs and delays later in the planning or construction process. If you are purchasing a property with plans to renovate, develop or build, it is important to obtain the right legal, town planning and surveying advice before you commit.
Make sure you contact FC Lawyers first to assist you by ordering the relevant searches to check if there are any registered easements on title that may affect your plans to build your dream home!
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