An easement is a right whereby an owner of land allows another owner rights over part of the land in a particular manner. The land encumbered by the easement is known as the “burdened lot” or “servient tenement”. The land advantaged by the easement is known as the “benefited lot” or “dominant lot”.
The easement is recorded on the title and remains within the lot. All future owners of the burdened lot are bound by the easement. However an easement can be surrendered or extinguished with the consent of both parties. Generally, for an easement to exist there must be a benefited and a burdened lot. The exception to this is the case of an ‘easement in gross’ (where there is a burdened lot only) to serve the purposes of local government or a government instrumentality.
An easement survey can only be undertaken by a Cadastral Surveyor or person under the supervision of a Cadastral Surveyor. The extents of the easement are defined and pegged on the ground. This survey is then documented by way of an Easement Survey Plan that complies with the requirements of the Cadastral Survey Requirements and the Registrar of Titles Directions.