Easements Over Light + Air
Navigating the complexities and why doing your due diligence matters
Considering a property purchase that comes with an easement over light and air? It's crucial to understand what this means before jumping head first into a contract, particularly if you are assessing the ‘burdened lot’. At Tina James we have first-hand experience navigating the complexities of this easement and this is why doing your due diligence matters:
1. What are Easements Over Light and Air?: These easements protect a property’s access to natural light and airflow. They prevent neighbouring developments from obstructing these essential elements, preserving the quality of life and property value.
2. Impact on Property Value: Properties with easements over light and air, the ‘benefitted lot’ or ‘dominant tenement’, often maintain higher property values due to their protected views and natural light access. For the property over which the easement is granted, the ‘burdened lot’ or ‘servient tenement’, the question of value needs further consideration as all future owners of the burdened lot are bound by the easement, unless it is surrendered or extinguished.
3. Legal Considerations: It is advisable to consult with a property lawyer to understand the legal implications of these easements. A property lawyer can advise on the enforceability of the easements, any restrictions they impose, and how they might affect future renovations or developments on your property.
4. Development Restrictions: Be aware of any restrictions these easements impose on your ability to build or renovate. Some easements may limit the height or size of structures that could block light or airflow to neighbouring properties. This is where discussing the specifics of the easement (understanding the “RL” if applicable) with a surveyor is important.
Contact us to find out more about how we can assist you navigate any complication that arises during your property search. With access to our tried and trusted network of property lawyers, surveyors and town planner, we will expertly guide you through the due diligence process.