Navigating compensation for easement
Cityside Valuers are specialists in providing valuation assessments for proposed drainage easements in Sydney. Our comprehensive reports address compensation based on legal precedent, encouraging rapid and equitable outcomes for all parties.
A detailed easement valuation by an API certified valuer is an effective tool to negotiate fair and reasonable compensation entitlements for proposed easements.
An easement is a nonpossessory right to use and/or enter part of someone else’s land. Common easements include drainage easements for stormwater and sewerage pipes, utility easements for transmission lines and right-of-way easements for driveways and access paths.
The property that gains an advantage from the easement is known as the ‘benefited land’ or ‘dominant tenement’. The property that is encumbered by the easement is known as the ‘burdened land’ or ‘servient tenement’.
Legal jargon aside, the burdened landowner is deprived of absolute ownership of the affected land and should be compensated for their loss of rights. A specialist report from a certified valuer with previous easement experience is critical to ensure the appropriate amount of compensation is received.
At Cityside Valuers, we specialise in providing valuations for drainage easements, however we will consider providing reports for other types of easements on a case by base basis. Please contact us to discuss your matter.
Our easement valuations determine if there will be any diminution or loss of capital value to the property burdened by the proposed easement. We establish the market value of the affected land and apply an appropriate discount to compensate for the loss of proprietary rights that will arise over the affected land.
Our reports address all areas of compensation in line with section 88K of the Conveyancing Act 1919 (NSW) including:
- Loss of capital value (loss of proprietary rights, or the ‘blot’ on title)
- Disturbance (both initial and in the future)
- Associated costs to the owner (valuations, legal fees etc.)
- Any compensating advantages resulting from the creation of the easement.
Place an order or request a quote through our website. We will promptly confirm our fee and arrange access to the property. A valuer will carry out an inspection of the affected land. We will request documentation including a draft easement plan, which will clearly indicate the nature of the proposed easement. Upon completion of our assessment we will provide our easement valuation report by email and remain available to discuss any aspect of our report.
Easement valuation reports are provided within three-five business days of placing an order.