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EASEMENTS & COVENANTS

Ters Lawyers Sydney provides specialist legal advisory and dispute services in all matters relating to easements, covenants, and land use rights under the Conveyancing Act 1919 (NSW) and associated legislation. In New South Wales, an easement is a legally enforceable right that permits one party to use a portion of another party’s land for a defined purpose which is commonly, for access or infrastructure. Typical examples include shared driveways, utility corridors, stormwater drainage, and telecommunications or electrical services.

 

These non-possessory rights can significantly affect both property value and development potential. The Innovative and Strategic boutique lawyers in Sydney will always aim to minimise the risk exposure for their clients in this forum. Ters expert legal advice is essential, both in the creation and enforcement of easements, and in understanding their implications for land use, planning, and title registration.

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The following Legal Advisory and Dispute Services are innovatively provided by Ters Lawyers Sydney:

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  • Creation, scope, development and termination of easements, including rights of way, mutual easements, and restrictive covenants.

 

  • Registration of easement instruments pursuant to section 88B of the Conveyancing Act 1919 (NSW), inc. accompanying positive covenants and custom easement terms.

 

  • Strategic representation in litigation involving easements or covenants, including proceedings in the Supreme Court of NSW.

 

  • Application and defence of claims under section 88K of the Conveyancing Act 1919 (NSW) for court-imposed easements, and relevant matters under section 40 of the Land and Environment Court Act 1979 (NSW).

 

  • Due diligence and risk analysis relating to the legal and practical impacts of existing easements or covenants on proposed sales, developments, or acquisitions.

 

  • Dispute Management under NSW property law. Vendors are legally required to provide full and frank disclosure of any registered or unregistered easements that affect the subject land in the contract for sale. Failure to do so may result in legal remedies for misrepresentation or breach of warranty.

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Ters Legal Sydney offers a clearly defined suite of professional offerings tailored to developers, landowners, buyers, and litigants involved in easement or covenant matters, aiming to demonstrate clarity, trust, and outcome-focused guidance. Prospective buyers, landowners, and developers are strongly advised to seek specialist legal counsel prior to entering into a transaction or modifying land subject to an easement. Ters Legal Sydney ensures clients understand both the legal meaning and practical consequences of easements—helping them make informed decisions and protect their property interests.​​​​​​

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With increasing legal disputes and regulations over land use rights and regulatory compliance in NSW, it is essential to engage experienced legal professionals who can confidently manage the legal complexities surrounding easements and covenants. Ters easement lawyers Sydney are trusted advisors in this forum, combining legislative knowledge with innovative insight to support clients at every stage—from initial assessment through to dispute resolution.

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Whether advising on development feasibility, negotiating access rights, or resolving entrenched easement conflicts, Ters easement lawyers Sydney provide strategic legal clarity designed to safeguard client interests and unlock property value across Sydney.

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At Ters Lawyers Sydney, visionary legal planning, expertise and attentive diligence define represented. In a legal environment where easements and covenants may shape the outcome of property transactions, developments, or disputes, engaging Sydney's trusted and law firm is essential. Ters easement lawyers are equipped to navigate the challenges, dynamics and demands of today’s property industry, guiding their valued clients with confidence, care and clearly defined outcomes.

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Need strategic legal advice  on Easements & Covenants? Talk to Ters Lawyers Sydney today on +61 2 9166 7625

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