Definition
An Easement is a registered legal right that allows one party to use a portion of another person’s land for a specific purpose. Easements are commonly attached to the title of a property and remain in place even if the property is sold to a new owner.
In New South Wales, easements are recorded on the property title and typically allow access or services to pass through a property, such as drainage pipes, sewer lines, electricity infrastructure, or shared access pathways. Because easements are legally registered, property owners must allow the easement holder to use that portion of the land for the permitted purpose.
Where Easements Apply
Easements are common in property ownership and land development across New South Wales, particularly where land needs to be shared for infrastructure or access purposes.
Common situations where easements apply include:
Drainage Easements
Allow stormwater or drainage pipes to run through a property to connect with public drainage systems.
Access Easements
Provide a legal right of way so neighbouring properties can access a road or driveway.
Utility Easements
Allow service providers to install and maintain infrastructure such as electricity, gas, water, or telecommunications lines.
Shared Driveways
In some residential properties, easements allow multiple properties to share access through a single driveway or entry point.
Types of Easements
Different types of easements may be registered depending on the purpose they serve.
Common examples include:
Right of Way Easement
Allows people or vehicles to pass through part of a property to access another property.
Drainage Easement
Allows stormwater or sewer infrastructure to pass through a property.
Service Easement
Allows utility providers to install or maintain infrastructure such as electricity, gas, or telecommunications services.
Easement for Support
Ensures structural support between neighbouring properties, particularly in certain building or retaining wall situations.
How Easements Affect Property Owners
Owning land that contains an easement does not remove ownership of the land, but it does place certain restrictions on how that part of the property can be used.
For example, property owners generally cannot:
- Build permanent structures over an easement
- Obstruct access required to maintain services
- Interfere with infrastructure located within the easement area
Because of these limitations, easements are an important consideration when purchasing property.
Easements in the Property Buying Process
Easements are typically identified during the legal review of a property before purchase. They appear on the title search or deposited plan included in the Contract for Sale.
Buyers reviewing a property contract may check:
- The location of the easement on the property plan
- The purpose of the easement (e.g., drainage or access)
- Any restrictions on building or development
Understanding existing easements helps buyers assess how the property can be used or developed in the future.