What are easements, and why do they matter when building a home?
An easement is a legal right that allows someone (usually a utility provider or neighbouring landowner) to use part of your land for a specific purpose. Easements are commonly used for underground services like sewer, stormwater, electricity, or water supply. They act as corridors for access and maintenance and can significantly affect where and how you build.
Common types of easements
- Sewer or stormwater easements: Allow councils or water authorities to access underground pipes for maintenance or upgrades.
- Electricity easements: Provide space for overhead or underground power lines.
- Right of carriageway: Allows access across your land to another property (e.g. shared driveways).
- Drainage easements: Protect natural or constructed water flow paths.
Building restrictions
- You usually cannot build over an easement, especially if it contains active infrastructure.
- Even lightweight structures like fences, sheds, or retaining walls may be restricted.
- If building is allowed, you may need special engineering, council consent, or indemnity agreements.
- Breaching easement conditions can lead to legal action, demolition orders, or denied occupancy certificates.
How to check for easements
- Title search: Easements are listed on your property’s Certificate of Title or Deposited Plan.
- Survey report: A licensed surveyor can map easement boundaries and confirm their location relative to your proposed build.
- Council or utility inquiry: Contact your local authority to clarify easement conditions and whether development is permitted nearby.
Bottom line: Easements are legal corridors that protect access to essential services. Before designing or building, always check your title and survey to identify easements and understand what restrictions apply. Ignoring them can lead to costly delays or legal issues.