Easement of Eaves means the right of the owners and occupiers for the time being of the dominant tenement to have eaves projecting or overhanging that portion of (for example) lot 'x' marked 'w''x''y''z' on the plan, and includes the right to enter in and upon the land for the purposes of repairing and maintaining such eaves at all times with or without workmen and making good any damage thereto occasioned by such entry in use.

The example on the right relates to the eaves of a very old building overhanging the boundary and a right granted by the adjoining owner to allow same (as is necessary for a stratum development, the end  result of this example). The photo reflects the physical eaves in this example; quite clearly over the boundary, being the face of the brick wall.

Note that one cannot create an Easement in favour of oneself. That is to say if an owner owns two parcels and wishes to create an easement over one in favour of the other then this can only be achieved after a change of ownership.

This scenario often arises when the owner wishes to sell one parcel; the easement can still be achieved by ensuring any Contract of Sale reflects the creation of the Easement AFTER the transfer of ownership has been achieved.

If it is desired to create an Easement in favour of, say TasWater, then this can occur even though the two parcels are in the same ownership; that is to say the easement is being created in favour of a different party.

What happens if one portion is not Real Property Act (ie is General Law) and the other is Real Property Act (Torrens Title)?       Lands Titles Office Practice Book para 104(e)

If the title granting the Easement (the Servient Tenement) is not Real Property Act (ie General Law), then the Easement DOES NOT become attached to the Real Property Act, the Dominant Tenement. It is created and registered in the Deeds Office only. The Servient Tenement should then bring the Easement under the Real Property Act using a sec 11 application. 

Therefore any Contract that is creating an Easement must give consideration to the parent titles involved and cover the above as a clause in the contract ie the Servient Tenement ALSO is contracted to then apply under sec 11 to convert the General Law Easement to Real Property Act

SIMPLY:

an easement that allows the eaves on one building to overhang the boundary of the land into the ownership of another.

HOW WE ASSIST:

We can advise of the extent of such an easement and redefine it's location if the eaves themselves are missing.

Contact us for advice in relation to these matters.