What is an easement on a property?
An easement is a legal right that lets someone else use part of your land for a set purpose. A council may run a drain through the back yard, or a neighbour may drive across a strip of it. The owner keeps the land, but must not block the use the easement allows.
By Ankit PaliwalUpdated
What are the common types of easement?
Most easements in suburbs carry services. A drainage or sewer easement lets a water authority or council keep pipes under the land and reach them for repairs. Power, gas and phone lines can sit in service easements too. These are often held by a public body, not a neighbour.
Other easements help a nearby block. A right of carriageway lets a neighbour drive across a strip of land to reach their own home. A right of footway does the same for people on foot. Some older homes share a wall, and an easement may set out who can use and repair it.
How do I find out if a property has an easement?
Start with the title search and the plan of the land. In New South Wales, NSW Land Registry Services holds both. The plan shows where each easement runs and what it is for. In Victoria, the title lists easements, and the vendor statement should disclose them as well. A conveyancer or solicitor reads these papers as part of the purchase.
Not every easement is easy to spot on paper. Some public authority rights can exist without a clear entry on the title, a gap the Victorian Law Reform Commission has written about. A site visit helps. Look for pits, manholes, shared driveways and power poles near the boundary. A surveyor can mark the exact line if it matters to your plans.
How can an easement affect what I can do with the land?
The main limit is building. A shed, pool, extension or granny flat over a drainage easement may need the authority's consent. Some authorities say no, or ask for special footings. A right of way can stop you fencing or parking across the strip. These limits matter most when you plan to add value by building.
An easement can be changed or removed, but it takes time. Both sides may need to agree, and the change must be registered. For an investor, the simple question is whether the easement blocks the plan you are paying for. If it does, the price should reflect that before you sign.
Working out the usable yard on a block with a drainage easement
- Suppose a block measures 20 metres wide and 30 metres deep, so 20 x 30 = 600 square metres.
- A drainage easement 2 metres wide runs along the 20-metre back fence: 2 x 20 = 40 square metres.
- Land outside the easement: 600 minus 40 = 560 square metres.
- The easement land still belongs to the owner. It is just harder to build on, so a granny flat plan must fit in the other 560 square metres and meet the council's own setbacks.
For investors
An easement is cheap to check and costly to miss.
For an investor, the easement matters when it touches the plan behind the purchase. A drain under the back yard may not affect a tenant at all. The same drain can rule out a second dwelling. Reading the title and plan before exchange shows which case you are in. It also gives you time to ask the authority about consent, or to adjust the offer.
How InvestorKit works
A team for each stage of your purchase.
InvestorKit is a buyer's agency with separate teams for strategy, research, acquisition and ongoing support.
We have helped 2,200+ clients buy 3,100+ properties across 420+ suburbs.
Around 70% of recent purchases are off- or pre-market. The usual time from signing to exchange is 2 to 4 months.
Real Estate Business named InvestorKit REB Buyer's Agency of the Year, winner 2023, 2024 and 2026. See the awards.
More about InvestorKitCommon questions