If you’ve recently purchased a block of land in a high-growth suburb like Box Hill, Leppington, or Penrith, you’ve likely seen a dashed line on your property plan labeled “Easement.”
To the untrained eye, an easement looks like empty space—a perfect spot for a driveway, a garden shed, or even the extension of a new 3-storey residential build. However, in the world of NSW land law and surveying, an easement is one of the most powerful legal encumbrances a property can have. Ignoring it can lead to forced demolitions, rejected building plans, and tens of thousands of dollars in wasted design fees.
At East West Surveyors, we specialize in small-to-medium residential developments. We’ve seen firsthand how a misunderstood easement can halt a project in its tracks. In this guide, we’ll explain the different types of easements common in Sydney’s West and how they impact your ability to build up to three storeys.
What is an Easement?
An easement is a legal right that allows someone else—usually a neighbor or a public authority like Sydney Water or the local council—to use a specific portion of your land for a specific purpose.
While you still own the land (you are the “servient tenement”), the party who benefits from the easement (the “dominant tenement”) has a legally protected right to access it. Crucially, as the owner, you are prohibited from doing anything on that part of your land that would interfere with the easement’s purpose.
Common Types of Easements in Sydney’s Growth Corridors
1. Easement for Drain Water (Stormwater)
These are common in sloping suburbs like those found in the Outer West and Blue Mountains foothills. If your property is on the “low side” of the street, your uphill neighbor likely has a drainage easement running through your yard to get their rainwater to the street or a local creek.
2. Sewer and Water Easements
3. Right of Carriageway (Access)
4. Easement for Electricity (Overhead or Underground)
In new developments like Marsden Park, these easements protect the high-voltage lines or underground cables that power the community.
The "3-Storey" Challenge: Building Near Easements
The Zone of Influence
Public authorities like Sydney Water don’t just care about the pipe itself; they care about the “Zone of Influence.” This is the area of ground that supports the pipe. If you build a heavy 3-storey structure too close to an easement, the weight of your building could crush the underground assets.
The Rule of Thumb: Generally, you cannot build any permanent, habitable structure within the easement. Even building adjacent to an easement often requires deep piering (foundations) that go below the depth of the pipe to ensure your building doesn’t put pressure on the infrastructure.
Building "Over" an Easement
Can you build over one? The answer is almost always no for habitable rooms. However, some authorities may allow “minor” or “removable” structures, such as:
- Open carports (with specific footing designs)
- Fences (with removable panels)
- Driveways (on the condition they can be dug up and replaced at your cost)
In Penrith or The Hills Shire, getting a “Build Over Easement” (BOA) approval is a separate process from your standard Council DA. You must submit your architectural and engineering plans to the authority (like Sydney Water) for a technical assessment.
How a Surveyor Protects Your Investment
1. Locating the Asset
A professional surveyor uses a combination of Title Searches and site measurements to find the exact legal location of the easement. We then use high-precision tools to mark these lines on the ground with paint or pegs.
2. Detail and Contour Surveys
Before your architect draws a single line, we conduct a Detail and Contour Survey. We map the easements, the existing pipes, and the land levels. This allows your engineer to design foundations that stay safely outside the “Zone of Influence.”
3. Building Setout
During construction, we perform a Building Setout. We ensure the builder places the footings exactly where the approved plans say they should be. Being even 20cm inside a Sydney Water easement can result in a “Stop Work” order and a costly relocation of your wall.
Real-World Impact: A Box Hill Example
Imagine you are building a 3-storey townhouse in Box Hill. You have a 2-meter wide drainage easement at the rear of your block. Your architect designs a balcony that hangs 1.5 meters over that easement.
Even though you aren’t touching the ground, the Council or the benefited neighbor may object because the balcony restricts access for a backhoe or crane to enter and repair the drain. Under NSW law, the owner of the easement has the right to keep the “airspace” above the easement clear as well. By identifying this early through a Licensed Surveyor, you can adjust your design before spending thousands on council submission fees.
Summary: Check Before You Dig
Easements are not “lost land,” but they are “restricted land.” If you are planning a residential project in Sydney’s West:
- Obtain a current Title Search: This will list every easement affecting the property.
- Read the 88B Instrument: This document (as discussed in our previous blog) explains the specific terms of the easement.
- Get a professional survey: Don’t guess where the line is.
At East West Surveyors, we provide the precision needed for complex residential sites. Whether you are in Austral, St Marys, or Marsden Park, we help you navigate the “invisible lines” of your property so you can build with confidence.
Ready to identify the easements on your site? Contact East West Surveyors today for an accurate, data-backed survey of your Sydney property.
This article is part of our Surveying Glossary series, designed to help Sydney developers and homeowners understand the science of their land.
