Generally speaking, an easement is a right of access held by someone who is not the owner of a land to access the land for specific purposes. Common examples of easement are right of carriageway and easement to drain water, which allow someone (usually owners of neighbouring lands) to pass through, or drain water in, specific parts of your land.

This will depend on the circumstances.


On 1 July 2020, the Design and Building Practitioners - Particulars for Regulated Designs Order 2021 (Regulated Designs Order) came into effect. Under section 5(3) of the Design and Building Practitioner Act 2020 (NSW) (DBPA), the Minister may, by order published in the Gazette, specify particulars that are additional to those prescribed by the regulations for regulated designs or regulated designs belonging to a particular class.

Question: What is the definition of an easement?


Answer:  An easement gives a right to cross or otherwise use someone else’s land for a specific purpose.


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.


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.

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.

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”.


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.