Access Rights

Access rights refer to permissions granted to individuals or entities regarding the use, entry, or passage through a property that they do not own or possess.

What are access rights?

Access rights refer to permissions granted to individuals or entities regarding the use, entry, or passage through a property that they do not own or possess. These rights outline the specific conditions and extent of access granted to non-owners. Access rights can manifest in many forms such as easements, permits and licences.

Other examples of access rights

  • License: a temporary, revocable permission to use someone else's property for a specific purpose, like fishing or hunting.
  • Utility easement: this grants utility companies the right to access a property for maintenance/installation of lines, like electrical cables and water pipes.
  • Agricultural easement: this can allow farmers access to neighbouring land for irrigation, grazing, or other agricultural activities.
  • Pedestrian access rights: rights permitting individuals to walk through or across specific private properties to reach public areas or amenities.

What are easement access rights?

An easement refers to a legal right to use someone else's land for a specific purpose, typically for access, utilities, or passage.It's a type of access right but is more specific and legally defined. This is a legally documented right, often granted by the property owner.

A common example is a shared driveway easement which allows multiple property owners to use a single driveway that crosses their properties. It grants the legal right for each property owner to access their property via this shared driveway, with the terms and conditions of usage, maintenance responsibilities, and limitations outlined in a legal agreement or document. 

Easements related to telephone lines, power lines or sewerage are known as statutory easements.These easements are typically not registered on the title of the property unlike other easements.

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