Can Quillio draft easement documents?
Yes. I draft easement instruments for access, services (water, sewer, electricity), support, and drainage. In NSW, I use Section 88B instruments under the Conveyancing Act 1919 (NSW). In other States, I work from the equivalent (Transfer of Land Act 1958 (VIC), Land Title Act 1994 (QLD)). Drafts are ready for surveyor and Land Registry review.
Terms of the easement
Each easement needs the dominant and servient tenements identified, the precise right granted, the exact area benefitted and burdened, and the terms of use (permitted hours, maintenance obligations, indemnities, insurance). Vague easements cause problems forever — I draft specifically.
Common easements
I have standard drafts for right of carriageway, right of footway, easement for services, easement for drainage, and easement for support. Each has specific considerations — e.g. carriageways need width, surface, and shared maintenance terms.
Registration
The easement must be registered for it to bind subsequent owners. I prepare the Section 88B or equivalent instrument and the surveyor's plan. I flag practical issues (title search of servient tenement, consents from mortgagees, existing encumbrances).
Common issues
- Easements in gross (no dominant tenement) have limited recognition — take specific advice
- Mortgagee consent to granting an easement is often required — check early
- Easements by necessity or implication arise in limited circumstances — do not rely casually
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