Survey Plans, Easements & Covenants
Quinn & Scattini Lawyers’ Property Law Team prides itself in offering a personal service. Our emphasis is on being available for our clients and providing pragmatic advice. We understand that in matters of Property Law, you need clear, practical advice and reliable, professional representation.
Property law can be complex. Often property issues can be confusing. Get clear, practical advice and reliable, professional representation from Quinn & Scattini.
Survey Plans, Easements & Covenants Team
Survey Plans are essential in determining rights and duties in relation to subdivisions and strata title construction. The two most common types of survey plans are:
- The Building Format Plan, and
- The Standard Format Plan.
A Building Format plan deals with the type of subdivision that usually occurs within a building. The boundaries are defined by boundary structures such as walls, floors or ceilings and the boundary is normally the centre of these structures as covered by sections 48C and 49c of the Land Title Act 1994 (“the Act“).
A Standard Format Plan defines land horizontally with marks on the ground, usually pegs. An example of where this type of plan might be used could be a townhouse complex, where individual lots have front and back yards. In this instance, the boundaries of lots and common property are defined by bearings and measurements taken when the land is surveyed.
In relation to matters such as common property, body corporate responsibilities, utility infrastructure, common walls, maintenance provisions for gutters, gardens, water pipes and cables, it is important to be able to understand Survey Plans. Often a smooth working relationship between owners and developers, and successful adjudication of disputed issues is dependent on precise interpretation of Survey Plans.
Quinn & Scattini Lawyers can confidently assist you with any survey plan issue you may be facing, including survey plan registration. Our survey plan lawyers can advise on all types of survey plans and take pride in paying due care and attention to your matter. No matter is too complex.
An easement is a right granted to a person over land i.e. the legal right to use the property or enter the property. Other items such as easements are provided for under the Act. These easements, known as Statutory Easements, cover a range of situations such as support, shelter and the supply of utility services. Whilst easements provide for the use of common property or a lot (e.g. in a situation where pipes or cables might need to be re-routed or emergency construction is required), they must not be exercised in a way that unreasonably hinders the use or enjoyment of a lot or common property.
Avoid easement issues with expert advice from our easement lawyers. Get your easement expertly prepared or reviewed. Our easement lawyers have successfully handled 100s of matters and have over 25 years experience and can prepare, review and negotiate easements with all issues considered thoroughly to ensure your easement best suits your needs.
Our expert property lawyers work hard to deliver results in a timely manner, leaving you to enjoy relax and enjoy your property.
In Queensland, the Act provides for Statutory Covenants, which are written agreements in a prescribed form that may be registered on property title to ensure that the obligation to comply with a covenant is transferred with the transfer of the property. Landholders and government agencies can use Statutory Covenants to facilitate a range of issues, including linking separate land titles, ensuring land is used for particular purposes, conservation of land, nature or water, protection of cultural heritage or scenic features, maintaining residential amenities and reducing conflict over land use, buffer zones for industry, or adjoining roads.
How We Can Help
Quinn & Scattini Lawyers offer professional advice and can prepare easements and Statutory Covenants as well as registering these documents and the survey plan to which they pertain. Years of experience in acting for developers ensure that client concerns regarding survey plans, easements and covenants are handled with due attention to detail and professionalism.