Land access, easements, roads and infrastructure impacts

When a public project, road or piece of infrastructure affects land, the issues are rarely abstract. Someone wants access, an easement is proposed, a road is realigned, or works nearby change how the land can be used. Each of these can affect access, tenure and the value of what remains.

Land access and statutory entry

A range of statutes give public authorities, utilities and project proponents powers to enter onto or access land, for survey, investigation, construction or maintenance. The basis for entry, the notice required, the conditions that apply and any compensation will depend on the power being used and the facts. We help landowners understand what is, and is not, authorised, and respond on terms that protect their position.

Easements

An easement gives one party a right over another’s land, for access, services, drainage, transmission or construction. The location, width, terms, compensation and ongoing restrictions all matter, whether you are granting an easement, having one acquired, or are affected by an easement over your land. Where an easement is acquired compulsorily, compensation may be payable under the just terms framework, depending on the facts.

Road access and works affecting roads

Works that affect public roads and road reserves are commonly governed by the Roads Act 1993 (NSW), including consents and approvals for works in, on, over or under a road. We advise on road access, road-related approvals, and the conditions and liabilities that come with works affecting roads and adjoining land.

Works authorisation deeds and corridor access

Infrastructure projects often formalise access and works through deeds and corridor arrangements, including works authorisation deeds (WADs). The terms set what can be done, where, for how long and at what cost, and how risk and reinstatement are dealt with.

Temporary occupation and construction access

Projects frequently need land for a limited time, through temporary occupation or construction-access arrangements. The terms set the scope, duration, cost, conditions and how the land is to be returned, and are worth getting right before work starts.

Infrastructure impacts on land

Behind each of these is a question of impact: what a project, road or easement does to access, tenure and the use and value of the land it affects. We advise with that impact in mind, and on how it connects to any compensation or acquisition issues that may arise.

The governing instrument should be reviewed for the scope of access, duration, conditions, reinstatement, compensation, liability and dispute provisions.