Can a right of recreation qualify as an easement?

Summary. The decision confirmed that sporting or recreation rights (such as the right to use a golf course or tennis court) are capable of taking effect as easements, although the Court of Appeal narrowed the rights allowed as easements compared with the first instance decision.

What are recreational rights?

Recreational Rights means, collectively, any and all leases, licenses or other rights to use any portion of the Property for recreational use such as hunting, fishing, boating, or otherwise.

What is easement What are the different types of easement?

Easement as defined under Section 4 of the Act is a right enjoyed by the owner of the dominant heritage over the heritage of servient owner for the beneficial enjoyment of his own land. Easements can be prescriptive, customary, quasi and of necessity.

What does no easement mean?

An easement does not grant ownership of the land. For Crown land, this means that a range of third parties can use the land for a variety of activities, and the land continues to be owned by the State of New South Wales.

Are easements a problem?

Easements are not serious issues on the whole. However, they can make a big difference to the potential profitability of a property because of the various building limitations often associated with them.

What is a appurtenant easement?

An easement that attaches to the land permanently and benefits its owner. An easement appurtenant is a covenant that runs with the land. When the title to the real property is transferred to a new owner, the easement appurtenant is transferred with the title to the property.

What is the difference between an easement and a right away?

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.

What can you do on easement?

An easement is a ‘right of way’ that allows a specific person to access your land for a specific purpose. Statutory easements allow utility companies to access power, sewage and telephone lines. You can’t build over an easement as it will block the right of way.