Why Easements Matter
Imagine you’ve just bought your dream block of land, ready to build your forever home. You start planning where everything will go—the driveway, the garden, maybe even a pool. Then, surprise! You find out there’s a sewer easement running straight through your backyard, meaning you can’t build anything permanent over it.
This is where understanding easements becomes crucial. Whether you’re a homeowner, investor, or developer, easements can significantly impact what you can and can’t do with your land.
So, let’s break it down in plain English—what exactly is an easement, and why should you care?
What is an Easement?
An easement is a legal right that allows someone else (like a neighbour, utility company, or government body) to use part of your land for a specific purpose—without actually owning it.
Think of it as a “shared space agreement” for land. You still own the land, but certain restrictions apply. Easements are common and necessary for things like road access, drainage, and power lines.
They are also permanent in most cases, meaning they stay with the land even if ownership changes. If a property has an easement, it’ll be listed on the title—so always check before you buy.
Common Types of Easements
Easements come in different forms, each with a specific function. Here are the most common ones you might come across in Australia:
Right of Way
If your property is landlocked (i.e., no direct road access), a Right of Way easement allows you to legally use part of a neighbour’s land to reach your property. This is common in rural and subdivided areas.
It works both ways too! If someone needs access across your land, they might have a Right of Way easement over your property.
Utility Easements
Ever noticed power poles, water pipes, or sewer lines running through private land? That’s because utility providers have easements that allow them to install and maintain essential services on private property.
These easements ensure that everyone has access to electricity, water, gas, and internet—without landowners being able to block or remove the infrastructure.
Support Easements
If your property shares a wall or structural support with another building (common in townhouses and apartment blocks), you might have a support easement.
This prevents either party from making structural changes that could weaken or damage the adjoining property.
Encroachment Easements
An encroachment easement exists when part of a structure (like a fence, garage, or even a balcony) extends onto a neighbouring property.
Rather than force costly demolitions, encroachment easements legally acknowledge the overlap and allow the structure to remain in place.
How Are Easements Created and Registered?
Easements aren’t just informal agreements between neighbours—they are legally recorded on a property’s title and must be registered with state land authorities (e.g., Land Services SA or NSW Land Registry Services).
Here’s how an easement is typically created:
1. A surveyor maps out the easement’s location and dimensions.
2. A legal agreement (e.g., an 88B Instrument in NSW) is drafted to define the rights and obligations of all parties.
3. The documents are lodged and registered with the land title office.
Once registered, an easement becomes a permanent legal right, meaning future owners will be bound by it too.
How Do Easements Affect Property Owners?
Easements can be both helpful and restrictive, depending on the situation. Here’s how they might impact you as a landowner:
Pros:
✅ Guarantee access (important for landlocked properties)
✅ Ensure necessary services (power, water, internet)
✅ Prevent disputes by clearly defining land use rights
Cons:
❌ May restrict where you can build (e.g., no structures over a sewer easement)
❌ Can reduce land value (if development options are limited)
❌ Might require you to allow workers onto your property for maintenance
Before buying land, always check for easements—they might affect your plans more than you realise!
FAQs: Your Easement Questions Answered
How do I check if my property has an easement?
Easements are recorded on property titles. You can request a title search from your state’s land registry or consult a licensed surveyor.
Can I build over an easement?
In most cases, no. Building over an easement (e.g., putting a shed over a sewer line) could cause major issues and may even be illegal. Always check with your local council before planning any construction.
Can an easement be removed?
It’s possible but difficult. You’ll need agreement from all parties involved and approval from land authorities. Some easements (like those for utilities) are almost impossible to remove.
Who is responsible for maintaining an easement?
That depends on the type of easement:
• Utility easements → The service provider maintains them.
• Right of Way easements → Landowners using the easement are usually responsible for maintenance.
• Encroachment easements → Maintenance responsibility is usually detailed in the legal agreement.
Final Thoughts
Easements might seem like a dry legal topic, but they play a huge role in how land can be used in Australia.
Whether you’re buying a property, developing land, or just curious about what that random access road at the back of your block is for, understanding easements can save you from costly surprises.
When in doubt, consult a professional surveyor—they can provide clarity and help you navigate any easement-related issues before they become a problem.