Easements explained: what those lines on the title mean before you buy
You've found a block you like. Then someone mentions there's an easement on the title, and suddenly you're wondering if you've missed something. Can you still build where you wanted? Whose pipe is that? And does it knock value off the place?
Easements are one of the most misunderstood parts of property due diligence. They're common, they're usually not a dealbreaker, but they can quietly change what you're allowed to build and where. Here's what they are, the types you'll run into across Queensland and NSW, and how to check before you sign.
What an easement actually is
An easement is a right for someone else to use part of your land for a specific purpose, even though you still own it. The classic example is a sewer pipe running under the back corner of the block. The council or water authority has the right to access that strip to maintain the pipe, so you can't build over it or block their access.
The key thing: an easement doesn't take the land away from you. You still own it, still pay rates on it, and can often still use the surface (a lawn, a garden, a driveway). What you usually can't do is build a permanent structure on it.
Easements are registered on the title, so they stay with the land no matter who owns it. Buy the property, and you buy the easement too.
The common types you'll see
Not every easement is the same. The ones that turn up most often on QLD and NSW residential titles include:
- Drainage and sewer easements. A pipe or stormwater line crosses your land, with a right of access for the authority. Very common, and usually the one that limits where you can build.
- Easement for services (water, power, gas, telecommunications). Similar idea, for other utilities.
- Right of way / access easement. Another property has the right to cross your land to reach theirs, common with battle-axe blocks and rear lots.
- Easement for support or for a party wall. More common in townhouses, duplexes and tight urban sites.
- Carriageway easement. A formal right to use a shared driveway.
There are also less obvious ones, like easements in gross (held by an authority rather than a neighbour) and registered covenants that restrict building height, materials or roof colour. Those aren't easements strictly, but they sit in the same "things on title that limit what you can do" basket, and they're worth checking at the same time.
Why it matters for what you can build
The big one is the building setback. Most councils and water authorities won't let you build a habitable structure over a sewer or drainage easement, and often require a clearance distance either side of it. On a generous block that's no drama. On a tight inner-city lot, an easement running down one side can shrink your buildable area enough to change the whole design.
It can also drive cost. Building near a sewer line can trigger a build-over or build-near application with the water authority, which takes time and money. If you ever need the pipe relocated, that's a serious expense and not always approved.
A right of way matters too. If a neighbour has a registered right to cross your driveway, you can't fence it off or build over it, and you'll be sharing access for the life of the property.
None of this means an easement is bad. Plenty of perfectly good homes sit on land with an easement tucked along a boundary. It just needs to be a known quantity before you commit, not a surprise after.
How to find them
Easements show up in a few places, and ideally you check more than one:
- The registered plan and title search. The title will note registered easements, and the survey plan shows their location and width. This is the authoritative source.
- Council and water authority mapping. Sewer and stormwater infrastructure is mapped, which helps you see where pipes actually run, sometimes even where an easement hasn't been formally registered.
- The contract of sale. In NSW, the contract should disclose easements and the section 10.7 (formerly 149) planning certificate carries related information. In Queensland, your conveyancer reviews the title search as part of the standard searches.
The catch is the same one that bedevils all property due diligence: this information is public, but it lives in different systems. The title is one place, the sewer map is another, the planning overlays are somewhere else again. Pulling it together for a single address is the slow, fiddly part.
Common questions
Can I build over an easement? Usually not a permanent habitable structure. For drainage and sewer easements, the authority generally needs to keep access, so you'll be restricted, and any build-over or build-near work needs their approval. You can often still use the surface for things like a lawn, garden or some paving. Always confirm with the relevant council or water authority for that specific easement.
Does an easement reduce a property's value? It depends entirely on where it sits and what it's for. An easement running discreetly along a back boundary on a large block may have little effect. One that cuts through the prime building envelope on a small lot, or a shared right of way over your driveway, can matter much more. The impact is about how it limits your use, not the easement existing on paper.
How do I find out if a property has an easement before I buy? Start with the title search and the registered survey plan, which show registered easements and their location. Cross-check with council and water authority infrastructure mapping. In NSW the contract and the 10.7 certificate help; in Queensland your conveyancer reviews the title and standard searches. Do this before you're committed, not after.
If you'd like the title, plan and council mapping picture brought together for one address without the tab juggling, we can help. Pop in your address or check out a sample report and see what comes back.
LayeredGeo pulls together public planning and site data for property due diligence across Queensland and New South Wales, so you can understand a place before you commit.