Easements

What's a Crane Between Neighbours Worth?

Question:     Are developers required to seek consent from adjoining owners prior to operating cranes over your property?

Answer:      The land owner of a non-strata title building or the owners corporation of a strata title building will normally own the air-space that a crane would swing through and their consent is required.

Rock Anchor and Scaffolding Licences

Further to the Bannermans article on Crane Airspace Licences, owners can be approached by a developer carrying out development on an adjoining site, requesting a licence to install scaffolding upon or rock anchors beneath their land.

Getting Access To Adjoining Land

Property owners proposing to carry out works may need access to an adjoining property. This can be temporary or permanent and can be for a variety of reasons, e.g. routing of storm water and services and carrying out works in areas not accessible from the owner’s own property.

Are You Affected By An Encroachment?

Many land owners are faced with the issue of what to do with an encroachment. An encroachment can occur where part of a building from one piece of land overhangs or enters on to a neighbouring block of land.

According to the relevant Act in New South Wales (the Encroachment of Buildings Act (1922), “the Act”) “Encroachment” means “encroachment by a building and includes encroachment by overhang of any part as well as encroachment by intrusion of any part in or upon the soil”.

Crane Airspace Licences

Owners corporations are from time to time approached by developers carrying out developments on adjoining or nearby sites, requesting a licence to operate a crane over the owners corporation's property. It is common for developers to approach owners corporation representatives on-site, before legal advice has been obtained, seeking to have a licence deed executed by the owners corporation, which provides for little or no compensation and which fails to adequately address the safety, amenity and other issues involved.

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