An easement is a legal right that allows someone other than the property owner to use a defined portion of the land for a specific purpose. Easements are registered on the certificate of title and run with the land — meaning they transfer to the new owner when the property is sold. Understanding easements before you buy is essential.

What are the most common types of easements in Australia?

• Drainage easement: Allows council or a water authority to run pipes or drains under or across the land. Structures cannot be built over a drainage easement without written approval.
• Right of way / access easement: Allows a neighbouring property owner or the public to pass across part of your land to access another area.
• Sewerage easement: Allows the water authority to access pipes running under the property.
• Power / utility easement: Allows utility companies to run powerlines, gas or telecommunications infrastructure across the land.
• Carriageway easement: Similar to a right of way — allows vehicles to cross the land.

How do I find out if a property has an easement?

Easements are shown on the certificate of title and on the plan of subdivision (available from the land titles office). Your conveyancer or property lawyer will check for easements as part of the title search. Always ask to see the full title diagram before making an offer — easements are sometimes in positions that significantly restrict what you can build.

How do easements affect building and development?

You generally cannot build a permanent structure over an easement without approval from the easement beneficiary (council, water authority or neighbour). This can restrict:

• Extensions, decks or garages at the rear of a property
• Swimming pools and sheds
• Subdivision and development

If a structure is built over an easement without approval, the authority can require you to remove it at your own cost.

Do easements affect property value?

It depends on the easement’s location and purpose. A drainage easement running along the rear boundary has minimal impact on most properties. A right of way cutting through the middle of the land — or restricting access to the best building envelope — can materially reduce value and development potential.

Can an easement be removed?

Yes, but it is difficult. The easement beneficiary (council, water authority or neighbouring owner) must agree to the removal. In some cases the Supreme Court can extinguish an easement if it can be shown the easement is obsolete or of no practical benefit. Legal costs are significant.

Frequently asked questions

Are easements shown in the Section 32?

Yes. In Victoria, the Section 32 (Vendor Statement) must disclose easements affecting the property. Always read the Section 32 carefully and ask your lawyer to explain any easements before signing a contract.

What is the difference between an easement and a covenant?

An easement gives someone a right to use part of your land. A covenant is a restriction on what you can do with your land — for example, a covenant preventing subdivision, requiring a minimum setback, or prohibiting certain building materials.

Can I build a fence on an easement?

A fence is generally allowed on an easement as it is not a permanent structure. However, always check with your council or the easement beneficiary before proceeding.

GeeVee verdict: Always check the title diagram for easements before making an offer. A drainage or sewerage easement at the rear boundary is normal and rarely a problem. An easement that cuts through a building envelope or restricts subdivision can be a dealbreaker — especially for development sites.

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