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Development and Strata Services
Easements Lawyers Sydney
Know How Easements Affect Your Use of Land
For any Plans of Subdivision, or for Strata and Stratum Plans which create easements or impose some restrictions in the use of the land, Section 88B of the Conveyancing Act 1919 states that an instrument outlining these benefits and/or restrictions must be lodged with the relevant Plan.
A Section 88B Instrument is commonly included in an “off-the-plan” contract. This document sets out any easements, restrictive covenants, positive covenants, rights of way, etc. affecting the land, building and/or units within the building and the property to be constructed.
For example, there may be an on-site storm water detention tank located on the common property of the building which the local Council requires be maintained and repaired by the Owner’s Corporation. The Section 88B Instrument would include the terms of those requirements and note Council’s rights in circumstances where those requirements are not complied with.
In another example, there may be a sewer pipeline which runs along the rear of several properties in a new subdivision. In this case, each party would be relying on its neighbour to allow it to drain its sewerage through the section of the pipeline which runs through the neighbour’s property. In this way, the Section 88B Instrument would set out the consent of each party and each party’s rights and obligations as to repairs and maintenance.
When considering any draft Section 88B Instrument attached to an “off-the-plan” contract it is important to note any restrictions or covenants, etc. affecting the property which you are purchasing and whether you are agreeable to those restrictions or covenants. Usually, these cannot be amended by the Vendor as they form part of Council’s requirements so if you are strongly opposed to any of the terms they contain it may be this is not the property for you. Proper and clear advice from the outset is critical.
Testimonials
I was a little cautious about lawyers generally, even more so since I was embarking on my very first development. A referral to Gavel & Page Lawyers let me put my previous concerns behind me. Open. Direct. Clear communication. Detailed and productive advice. Competitive fees. Down to earth and contactable. Not sure what else you need.
Constructing a landmark development has its own stresses. It was such a pleasure to know that Gavel & Page Lawyers had thought of everything for us from a legal perspective, allowing us to focus on the construction of the development. They were very easy to deal with and always contactable.They drafted all the off the plan contracts for the sale of the 100 residential units, drafted our subcontracts, negotiated Agreements to Lease and the Leases, were available weekends in attending the project’s launch and competently advised us on all issues along the way including construction issues. They made the sale of the units and leasing the retail/commercial spaces seem as simple as selling a house and their services came at a very competitive price. In short, the quality of their service was next to none.
Gavel & Page Lawyers are now our “go to” firm for any contract or property related transactions. They were referred by a family friend and we were not disappointed. They reviewed all the documents and advised us on all the issues surrounding our purchase of a commercial property, ensuring the transaction ran smoothly and relieving a lot of the stress involved They also reviewed, drafted and settled commercial terms which were fundamental to our business. They explained the terms in a way that helped us understand their implications and significance which was of great benefit. A pleasure to deal with, down-to-earth, reliable, efficient and competent. Great job! Highly recommended!
Are you looking for affordable conveyancing services in Sydney with a great customer experience? Talk to the team of property conveyancers at Gavel and Page, who are also specialists in off-the-plan conveyancing, strata disputes, and building defects. Anything to do with property law, we are the team to have on your side.
Gavel & Page Lawyers is a boutique law firm in Sydney, with a focus on conveyancing, property law, construction law and commercial law. Established in 2010, our team and clientele have grown; and between our team of professional lawyers, we have decades of experience in the areas we practice.
Whether buying or selling residential property, commercial property or industrial property, we handle all conveyancing matters in NSW. If you intend on buying land on which you want to develop in some way, or if a dispute arises during the transaction, we are equipped and qualified to provide you the advice needed.We also regularly deal with conveyancing for off-the-plan purchases, as well as sales on behalf of developers regardless of the size of the development. We also assist in the buying and selling of businesses, as well as advising on and handling commercial, retail or industrial leasing matters.
Our expertise within our areas of focus is extensive and our professional team are some of the best when it comes to handling disputes between neighbours, advising on and assisting in obtaining easements or access to land, advising on, or drafting, reviewing and negotiating various commercial or construction contracts, as well as a range of disputes, including building defect disputes, contract disputes, and an array of construction and commercial disputes.
