Compulsory Acquisition and Easement Valuations in Sydney
Monita prepares compensation valuations for compulsory acquisition, easements and resumptions, with independent expert reports for owners and their advisers.
What a Compensation Valuation Covers
Independent valuations for just compensation in compulsory acquisition, resumption and easement matters – prepared with the basis, evidence and assumptions set out for your solicitor.
Who Needs One?
Government authorities, land owners, solicitors and infrastructure operators.
- Land & buildings (full acquisition)
- Easement strips & partial interests
- Injurious affection claims
- Infrastructure corridor valuations
Easement and Compulsory Acquisition Valuations in Sydney
Monita prepares independent valuations for owners, solicitors and authorities dealing with compulsory acquisition, resumption and easements over land in Sydney and NSW. Our Sydney office is at 1/261 George Street. The work is led by Nirav Shah, a Chartered Valuation Surveyor (MRICS) and Certified Practising Valuer (Property). Group heritage since 1954.
We value the land or rights affected and explain the evidence and assumptions. We are valuers, not lawyers, so your solicitor advises on your legal rights and the steps to take.
We also work with solicitors who need an independent expert opinion on the value of land or easement rights.
How Compensation Is Assessed in NSW
In NSW, compulsory acquisition by an authority is governed by the Land Acquisition (Just Terms Compensation) Act 1991. NSW Government guidance says compensation under the Act covers the market value of the land, any special value to the owner, loss from severance, loss from disturbance, relocation disadvantage, and any change in the value of adjoining or severed land caused by the public purpose.
Which of these apply depends on your facts. The Valuer General determines the amount an authority must offer once negotiation fails and acquisition is approved. The Valuer General acts for neither side, which is why many owners also get their own valuation to understand the offer.
Easement Valuations
An easement gives someone a right over part of your land, for example for a pipeline, power line, drainage or access. Valuers commonly look at the rights being taken, how the easement limits the way you can use or develop the land, and any effect on the value of the land you keep.
How compensation for an easement is calculated, and whether particular types of easement are treated differently, depends on the legislation and the terms of the easement. Your solicitor can confirm the legal basis. We prepare the valuation evidence to suit it.
Time Limits and Objections
Strict time limits apply during compulsory acquisition, including for objecting to a compensation notice in the Land and Environment Court. NSW Government guidance says you can use your own qualified, independent valuer during negotiation or acquisition.
If you have received a notice, contact a solicitor first so you do not miss a deadline, then ask us what the valuation will involve and how long it will take. We confirm the timeline at the start.
Who Uses These Valuations
Landowners who receive a notice of proposed acquisition use them to test an offer. Owners affected by an easement use them to understand its effect on their land. Solicitors and authorities use them in negotiation, and in disputes, as expert evidence.
To start, send the notice or letter you received, the property address, a plan showing the land or easement area, the title and any earlier valuations.
How a Monita Valuation Works
Free consultation
We talk through the purpose, the valuation date and what the report is for.
Scope and fee
You get a firm fee estimate and a delivery date before any work begins.
Valuation
We gather the evidence, inspect where needed and apply the method that suits the purpose.
Report
A clear report setting out the basis, the evidence and the reasoning, ready for your adviser, lender or auditor.
Compulsory Acquisition and Easement FAQs
What is compulsory acquisition?
It is when a government authority acquires land under legislation for a public purpose, with or without the owner's agreement, and pays compensation to the owner. In NSW, the Land Acquisition (Just Terms Compensation) Act 1991 sets out the process and compensation framework.
What does compensation cover in NSW?
NSW Government guidance lists market value, special value, severance, disturbance, relocation disadvantage and changes in the value of adjoining or severed land. Which items apply depends on your circumstances. Ask your solicitor to confirm what you can claim.
What is an easement valuation?
A valuation of the effect on a property when someone is given a right over part of it, such as for a pipeline, power line or access. It considers the rights taken and the effect on the land you keep. It is usually used to understand or negotiate compensation.
How is compensation for an easement calculated?
It depends on the law that applies and the terms of the easement. Valuers commonly consider the rights taken and the effect on the land you keep, but your solicitor should confirm the legal basis. A valuation helps you understand any offer.
Who decides the compensation offer in NSW?
NSW Government guidance says that if negotiation fails and acquisition is approved, the Valuer General determines the amount the authority must offer. It must be at least market value unaffected by the proposal. The Valuer General acts for neither side.
Can I get my own valuer?
Yes. NSW Government guidance says landowners can hire their own qualified, independent valuer during negotiation or acquisition, and the valuer acts as an expert rather than an advocate. Ask your solicitor whether reasonable valuation costs can form part of your claim.
Can I challenge the compensation offered?
NSW Government guidance says you can object to the Land and Environment Court if you disagree with a compensation notice, and strict time limits apply. Speak to a solicitor straight away. An independent valuation helps you understand the offer.
What is injurious affection?
It is the loss in value of land you keep because of the acquisition or the works, such as a reduction in access or amenity. In NSW the compensation framework refers to changes in the value of adjoining or severed land. Your solicitor can advise how the law applies to your matter.
Do you act as an expert witness in compensation disputes?
If a claim goes to the Land and Environment Court, we can discuss preparing the valuation as expert evidence. Experts must be independent and are not advocates. We confirm the scope and what an engagement would involve at the free consultation.
Do you value partial acquisitions and easement strips?
Yes. We value full acquisitions, partial acquisitions that leave you with a smaller or oddly shaped lot, easement strips and corridor interests, and the effect on the land that remains. Tell us what the notice covers and we will confirm the information we need.
What should I send you after receiving an acquisition notice?
Send the notice and any letters, the property address, title details, a plan of the area affected, and any earlier valuations or reports. Also tell us your solicitor's name and the dates in the notice so we can plan the timing.
Ready for a precise, independent valuation?
Connect with the Monita Asset Management team. All consultations are free of charge.
- Free initial consultation
- Fee confirmed before any work begins
- Certified Practising Valuer, Sydney CBD office