A delicate balance of local easements, public involvement and volunteer labor was slowly assembled.
The cost of intra-urban railways depends not only on the type of construction, but more especially upon local conditions, such as the nature of the soil, the presence of subsurface structures, like sewers, water and gas mains, electric conduits, &c.; the necessity of permanent underpinning or temporary supporting of house foundations, the cost of acquiring land passed under or over when street lines are not followed, and, in the case of elevated railways, the cost of acquiring easements of light, air and access, which the courts have held are vested in the abutting property.
The Conveyancing Act 1881 provides that, as regards conveyances subsequent to 1881, unless a contrary intention is expressed, a lease of " land " is to be deemed to include all buildings, fixtures, easements, &c., appertaining to it; and, if there are houses or other buildings on the land demised, all out-houses, erections, &c., are to pass with the lease of the land.
This is done by leasing land or granting easements, or issuing licenses.
Because it is practical Often a settlement is reached that includes easements beyond the scope a judge can impose.