- An easement allows another person or authority to legally use part of your land for a specific purpose, such as access or services.
- Easements can restrict how you use your property and may limit building, renovation, or extension plans.
- Identifying easements early when buying or developing property can help avoid disputes, delays, and costly mistakes.
Picture this: your neighbour needs to use your driveway to access their block of land behind yours. When you subdivided your property, your lawyer flagged this easement during the conveyancing process and explained how it could affect your future use of the land.
It’s exactly this kind of information, caught early, that can save you significant stress and costly disputes down the track.
What is an easement?
The legal definition of an easement is the right to cross or otherwise use a portion of someone else’s land. In property terms, this means a person has the right to use your property for a specific purpose even though they are not the landowner.
An easement may be required to provide other properties access to essential services such as water or electricity.
Some other uses for easements include:
allowing service technicians the right to work on your property to maintain or repair services on the easement, such as stormwater, gas and power lines.
providing neighbouring properties with reciprocal rights, such as mutual support of a structure.
providing neighbours with road access to their property.
How do I know where an easement is located?
When purchasing a property, vendors are required to disclose all easements affecting the land they propose to sell in a property contract. Buyers should then ensure they are aware of the impact an easement will have on the land they are about the purchase.
If you buy a property and then discover an easement, it can put a serious crimp in your extension or renovation plans, requiring a number of chats with both your neighbours and the local council. If a structure is built over an easement without permission or where permission is denied, then the owner will be legally required to remove the structure.
Types of property easements
Right of carriageway
Allowing your neighbours to access their property through the use of your driveway is called ‘right of carriageway’. While this passage must not be blocked, it is not the responsibility of the owner of the property to maintain the carriageway.
Easement for services
This type of easement exists so that essential services such as water, electricity and sewerage, can be conveyed to those who need it. The easement may be above or under the property, such as power lines or stormwater pipes. If an authority has an easement registered over your land, they have full access to the easement so they can carry out repairs and maintenance.
In most cases, easement for services are called statutory easements. If you were to build over a statutory easement, you would need to obtain council approval.
Easement of support
As mentioned above, this easement provides neighbouring properties with reciprocal rights, such as mutual support of a structure.
Easement of light and air
Building certain walls or structures is prohibited under this easement if they restrict your neighbour’s views. Going ahead and building without checking for an easement of 'light and air' could turn out to be a costly exercise, as you may have to demolish the work.
Easements for overhangs or small encroachments
Some easements cover small things like a wall crossing a boundary, or a roof or gutter hanging slightly over a neighbour’s land. They allow the owner of the building to keep those parts in place and make sure they can access them for repairs or maintenance, without the neighbour being able to block that work.
Can an easement be altered or removed?
An easement on your property may no longer be required, and you may have the opportunity to have it removed from your property’s title, depending on whether it is private or public.
Private vs public easement
A private easement is an agreement between neighbours to create a specific easement, such as a wall, fence or access, whereas a public easement is an easement created by a statutory authority, such as a local council.
An easement can be removed in specific situations, including:
the easement grantee and the easement grantor reach an agreement.
properties are combined into one parcel of land under single ownership.
the property isn’t being used, and the easement is abandoned.
the property is altered, e.g. battleaxe block may acquire alternative direct access if a new street is constructed at its rear.
Buying a home or renovating one can be enough of a headache before throwing unknown easements into the mix - be sure you know your obligations before you buy or commence work on your property. If in doubt, seek advice through your conveyancer or property lawyer.
Understanding Key Easement Rules and Responsibilities
Knowing the relevant rules of easements, including registration, disclosure, and maintenance, can help you avoid disputes and plan effectively.
Most easements must be registered on the property title so future owners are aware they exist.
Sellers are required to disclose both registered and unregistered easements to buyers before a sale.
In most cases, the party benefiting from the easement is responsible for maintaining it and covering related costs.
Easements are limited to their specific purpose and should not unnecessarily interfere with the landowner’s use of the property.
Property owners may be entitled to compensation when a new easement is imposed on their land, depending on its impact.
Easements may be permanent or apply only for a set period, as specified in the agreement.
Altering an easement usually requires a formal legal process and proper documentation, not just agreement between parties.