Caveats, Covenants & Easements - Melbourne & Victoria
Understand and manage property restrictions with expert legal guidance from Shamac Lawyers, ensuring your interests are protected.
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Caveats, Covenants & Easements - Melbourne & Victoria
As a property owner, you may be unaware of the various restrictions that can be placed on your land or property ownership. Caveats, easements, and covenants are some of the most common restrictions, and understanding them is crucial.
Navigating caveats, easements, and covenants can be complex, especially when considering the legal and tax implications involved. Defending your property against unfavourable litigation can be stressful without proper legal assistance.
At Shamac Lawyers, we provide well-thought-out legal advice on caveats, covenants, and easements. We take the time to understand your unique circumstances, allowing us to offer personalised solutions. Our goal is to save you time and money by providing timely and professional attention to detail, ensuring the best outcome for your property query.
What Is A Caveat?
A caveat is a document that can be lodged on a property by any person with a legal interest in it. This document notifies anyone with an interest that a third party has a claim over the property, and prevents any further legal dealings on the property without the resolution of the caveat.
At Shamac Lawyers we can provide you with advice on caveats and assist you in lodging one, and we can also defend your interests against a caveat or any adverse litigation that has been lodged against you.
What Is a Covenant?
Covenants are signed agreements between a seller and a buyer, which set terms and conditions on how the land can be used in the future. These restrictions can include limiting the use of the land or imposing certain requirements on the buildings.
Removing a covenant may require making an application to the person who imposed it, and can be a complicated process. Shamac Lawyers can assist you with the transfer of leased or deeded property according to existing covenants, and mediate and offer counsel in matters of drawing up covenants.
What Is An Easement?
Easements are a legal allowance for someone who is not the owner of the land to use it for a certain purpose, such as drainage or access. There are different types of easements, including easements of way, land, and air, which provide separate rights to dominant and servient landowners. We facilitate the granting of easements by or on behalf of our clients, ensuring that they are executed for the specified party’s benefit and that easements granted over our clients’ property are not exploited.