Easements

Easements are permissions for another party to enter or use part of land owned by another party for a specific purpose.

Many properties have an easement registered on their title.

There are two types of easements: regulatory easements and private easements.

  1. Regulatory easements are held either by a council or by a service authority, such as sewerage and drainage easements.
  2. Private easements are created to allow a landowner to have access over a neighbour’s land. A common example is a shared driveway.

 

If you have an easement on your land and you want to build on it, you need to seek permission from the council or service authority.

Permission is unlikely to be granted for the building of permanent structures over or near easements, but may be granted for lightweight structures like carports, washing lines or sheds, subject to certain conditions to protect the asset and workers’ access to them.

You may not even be able to build near it as the council reserves their right to access these easements, and when they need access to them for emergencies, repairs or upgrades, the council has the right to remove all structures and obstacles that impede their access.

Permission can be sought to annul private easements by asking the individual who holds that easement.

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Michael is a director of Metropole Property Strategists who help their clients grow, protect and pass on their wealth through independent, unbiased property advice and advocacy. He's once again been voted Australia's leading property investment adviser and his opinions are regularly featured in the media. Visit Metropole.com.au