Swanwick Murray Roche Lawyers

74 Victoria Parade, Rockhampton QLD 4700   •   (07) 4931 1888   •   SERVICE PORTAL

Welcome

Welcome to Swanwick Murray Roche’s website services page for easements and other title encumbrance services. Our law firm provides comprehensive legal assistance in all aspects of property law, including easements, covenants, restrictions, and other title encumbrances.

We understand that the process of purchasing or selling a property can be complex and confusing, and that’s why we are here to help you navigate through the legalities of property transactions. Our team of experienced lawyers has extensive knowledge and expertise in dealing with all types of property transactions, including those involving easements and other title encumbrances.

What are Easements?

An easement is a right granted to someone else to use a portion of your property for a specific purpose. Easements are typically created by a legal document, such as a deed or contract, and can be for various purposes, such as access to a road or driveway, use of a path or walkway, or for the installation of utilities, such as water or sewer lines.

Types of Easements

There are several types of easements, including:

  1. Appurtenant Easement: This type of easement is attached to the land and transfers with the ownership of the property. For example, an easement allowing access to a neighboring property is considered an appurtenant easement.
  2. Easement in Gross: This type of easement is not attached to the land and is granted to a specific person or entity. For example, an easement granted to a utility company to install power lines is considered an easement in gross.
  3. Prescriptive Easement: This type of easement is acquired through continuous and uninterrupted use of someone else’s property for a specific period of time. For example, if someone uses a path on your property to access their own property for more than 20 years, they may acquire a prescriptive easement.

Our Easement Services

At Swanwick Murray Roche, we provide a range of easement services, including:

  1. Drafting Easement Agreements: Our lawyers can help you draft an easement agreement that meets your specific needs, whether it’s for access to a neighboring property or the installation of utilities.
  2. Reviewing Easement Agreements: Our lawyers can review an easement agreement to ensure that it is legally sound and protects your interests.
  3. Resolving Easement Disputes: If you are involved in an easement dispute, our lawyers can help you find a resolution, whether through negotiation or litigation.
  4. Creating Easement in Gross: Our lawyers can help you create an easement in gross to grant access to a specific person or entity for a specific purpose.

Other Title Encumbrances

In addition to easements, there are other types of title encumbrances that can affect your property, such as:

  1. Covenants: Covenants are restrictions on the use of the property, such as limitations on building height or use of the property (these cannot usually be registered on the title and instead are usually contractual covenants only)
  2. Liens: Liens are legal claims against the property, such as unpaid taxes or mortgages.
  3. Deeds of Mortgage: Deeds of mortgage are legal documents that secure a loan on the property.

Our Other Title Encumbrance Services

At Swanwick Murray Roche, we can assist you with a range of other title encumbrance services, including:

  1. Reviewing and Drafting Covenants: Our lawyers can review and draft covenants to ensure that they are legally sound and protect your interests.
  2. Resolving Lien Disputes: Our lawyers can help you resolve disputes related to liens, whether it’s negotiating with the creditor or litigating the matter in court.
  3. Creating Mortgages

Contact

To talk about your matter – reach out to us via any means to start a conversation. All of our contact information is listed here on our Contact Page

Our Team

Meet the solicitors who can help you with these issues.

Robert Rooney

Partner

Property Business & Succession

Sarah Cole

Senior Solicitor

Commercial, Property and Succession Solicitor

Damien Martin

Senior Associate

Commercial, Property & Succession Law