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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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Can an electrical easement legally be acquired through an existing

Customer Question

Can an electrical easement legally be acquired through an existing house. For example our house was built in the early 1970s an easement was acquired in 1989. The easement runs through the house not just the land. The lines are 110,000 volt lines
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
If the easement was granted through the house then it is valid. The owners at the time, may have had a basis for opposing the easement, but if they didn't object and it was granted then it is valid.It may be possible for the current owner of the subject property to negotiate for a change in the easement so it is less problematic, but very likely the party using the easement would at a minimum require the owner to pay all the legal costs and the costs of physically relocating the power lines so that would be an expensive project.I would recommend however that you check the terms of the easment as it is possible the easement will say something about the limits of the use of the easement, and if its use is dangerous to the ordinary occupants of the subject property the onus of any costs necessary to make the easement safe should fall on the beneficiary of the easement. If this is an issue, then this could be used as a bargaining chip to negotiate the removal or alteration of the easement.Naturally, only a fully versed lawyer familiar with the lay out of your land, the parties involved and with an opportunity to assess the likely cost and feasibility of moving the easement can give you firm advice on whether these options are viable, but I trust my advice assists you in working out your next step.Good luck and PLEASE RATE MY ANSWER.Thanks,Patrick