Easements in plain English
An easement is a legal right for someone else to use part of your land for a set purpose. It’s usually registered on the title and stays with the land when it’s sold, so if you buy the house, you take on the easement.
Common types:
- Drainage and sewer: pipes running under the backyard.
- Water supply and electricity: mains, cables and power lines.
- Right of way or carriageway: a neighbour’s right to use your driveway or a strip of land.
- Party wall and support: shared walls and structures.
Some easements benefit a neighbour; others, called easements in gross, benefit an authority such as the water company.
Why they matter
- You usually can’t build over them. That can rule out an extension, pool, shed or even a fence in that spot.
- Others may come onto the land. A utility can have the right to access and dig to reach its pipes or lines.
- They’re hard to remove. Changing one usually needs the agreement of whoever benefits from it, and in Victoria a planning permit.
Where to find them, state by state
| State | Where to look |
|---|---|
| Victoria | The certificate of title and the registered plan of subdivision, from LANDATA. The Section 32 Vendor Statement must describe any easement, registered or not. |
| New South Wales | The title search and the deposited plan. Many easements are created by a section 88B instrument, which must be attached to the contract. |
| Queensland | The title search lists “easements, encumbrances and interests”, and the survey plan shows where they sit. The Seller Disclosure Statement (Form 2) must disclose encumbrances. |
Read the plan, not just the title. The title tells you an easement exists; the plan shows you where it runs, and whether it cuts through the spot where you’d put the extension.
Ask your conveyancer to walk you through every easement on the title before you sign, and what it would stop you doing.
How MapView helps
MapView’s Must Knows flag an easement on the title for any address, marked Flagged or Clear, so you know to ask the question early. A Title Search in the app gives you the official certificate of title, including easements, caveats and covenants.
Common questions
Can I build over an easement?
Usually not. Easements typically stop you building over that part of the land, which can rule out an extension, pool, shed or fence in that spot, and a utility may have the right to come onto the land to reach its pipes or lines.
Can an easement be removed?
It's possible but hard, and often needs the agreement of whoever benefits from it. In Victoria, removing or changing an easement generally needs a planning permit.
Where do easements appear in Victoria?
On the certificate of title and the registered plan of subdivision. The Section 32 Vendor Statement must describe any easement, whether it's registered or not.
Where do easements appear in NSW?
On the title search and the deposited plan. Many are created by a section 88B instrument, which must be attached to the contract.
Where do easements appear in Queensland?
On the title search, under easements, encumbrances and interests, and on the survey plan, which shows where they sit. The Seller Disclosure Statement must disclose encumbrances.
This guide is general information, not legal or financial advice. Rules and official tools change, so check the sources below and talk to your conveyancer or solicitor before you commit.
