Easement on title: what it means when you buy a property

An easement is a right that someone else has over part of your land: to run a sewer pipe through it, to drain stormwater across it, to drive along it, or to keep power lines over it. Easements are common. Most suburban lots have at least one. Most cause no trouble. A few can stop the extension, pool or second dwelling you were planning.

This guide explains how easements appear in Australian sale documents, how to read them and what to ask. It is general information, not legal advice.

Easements in plain terms

An easement benefits one party and burdens the land it runs over. The benefit may belong to a neighbouring lot (for example, a right of way to a rear block) or to an authority (for example, a water utility's right to maintain a sewer main). The burden runs with the land, which means it binds you as the next owner.

Easements are different from:

• Restrictive covenants, which limit what you can do on your land, such as building materials or the number of dwellings.
• Positive covenants, which require you to do something, such as maintain a stormwater detention tank.
• Caveats, which are warnings that someone claims an interest in the land.

All of these can appear in the same title documents, so read them together.

Where easements appear in your papers

Every state requires some disclosure of easements, but the documents differ.

• Victoria. Consumer Affairs Victoria (CAV) lists easements, along with mortgages, covenants and zoning, among the title information in the Section 32 statement. See Section 32 checklist.
• New South Wales. NSW Fair Trading states the contract must attach the title search and any dealings on the lot relating to an easement, profit à prendre, restriction on the use of land or positive covenant. See contract of sale NSW.
• Queensland. Part 2 of the Form 2 seller disclosure statement covers title details and encumbrances, including unregistered encumbrances such as informal easements, and statutory encumbrances, according to the Queensland Government. See QLD Form 2.
• South Australia. Consumer and Business Services says the Form 1 discloses anything that will limit how you can use or renovate the property, which may be called easements, caveats, covenants or encumbrances. See SA Form 1.
• Western Australia. Consumer Protection WA notes there is no mandatory seller disclosure statement, that you should check the Certificate of Title for restrictions, and that not all interests are recorded on the title. It recommends a Property Interest Report from Landgate, which covers interests not listed on the title.

How to read an easement

1. Find it on the plan

On the title plan or deposited plan, easements are usually drawn as a strip along a boundary, labelled with a letter or reference such as "E-1" or "(A)", and a width such as "1.83 wide". Check:

• Where it runs. Along the rear fence, or through the middle of the yard?
• How wide it is. A narrow drainage easement on the rear boundary is very different from a wide carriageway easement down the side.

2. Find what it is for

The plan reference leads to a description, either in the title search or in a separate registered instrument. Common purposes:

• drainage or stormwater
• sewerage
• water supply
• electricity transmission or supply
• carriageway or right of way
• support, or party walls in older terraces.

Read who has the benefit (a neighbour, council, a utility) and what they are allowed to do, such as access, maintenance or excavation.

3. Check the terms

Some easement instruments set out conditions: no structures, no change of surface level, an obligation to repair after works, access hours. Others are older and brief. Your conveyancer can explain how the terms apply.

Can you build over an easement?

It depends on the easement, the authority, and local planning rules. Some general points:

• Building permanent structures over an easement usually needs the consent of whoever holds the benefit, and often council or the building surveyor too.
• For water and sewer assets, the utility often has its own approval process. Sydney Water, for example, states it must approve buildings and structures near or over its wastewater pipes that need council or certifier approval, and issues a "building over sewer letter" showing whether an existing building was approved. See drainage diagram NSW.
• A structure built over an easement without consent can be required to be removed if the holder needs access.

If you are buying with a specific project in mind, such as a pool, extension or granny flat, map the easements first and ask before you sign.

Easements that are not on title

Not every right over land is a registered easement. The Queensland Government includes unregistered encumbrances such as informal easements in Form 2, and Consumer Protection WA notes not all interests are recorded on the title. Look out for:

• shared driveways with no registered right of way
• a neighbour's pipe running through the yard
• authority assets (such as sewer mains) that are not covered by an easement but still come with access rights
• long-standing use that may have legal consequences.

These are questions for the vendor and your conveyancer.

What to ask

• "Please confirm the purpose, width and beneficiary of easement E-1, and provide the registered instrument."
• "Are any structures built over or within the easement? Were they approved?"
• "Is there any unregistered arrangement for shared access or services?"
• "Will the easement affect [specific project]?"

Warning signs

• An easement crossing the building envelope or the only viable spot for an extension.
• Structures sitting on the easement in aerial imagery or on site.
• A right of way giving a neighbour access through your backyard.
• A transmission easement over the lot.
• Title references to instruments that are not attached.

How SignSure helps

SignSure reads the title search, plans and registered dealings in your papers, lists each easement and covenant it finds with its purpose and the page reference, and flags references to instruments that are not attached. In VIC, NSW, WA, TAS and ACT it also checks the state planning map (coverage varies; see Sources). It does not survey the land and cannot confirm where an easement sits on the ground. It is not legal advice.

Find the easements in your papers with a free reading

Frequently asked questions

What does an easement on title mean?

It means someone else, often a neighbour, council or utility, has a registered right to use part of the land for a purpose such as drainage, sewerage, power or access. It binds future owners.

Can I build over an easement?

Sometimes, with consent from the holder of the easement and the relevant authorities. Unapproved structures may have to be removed. Ask before you buy if you have plans.

How do I find easements on a property?

Look at the title search and title plan in the vendor statement or contract, and read the registered instruments. In WA, Consumer Protection recommends a Landgate Property Interest Report as well.

Is an easement a reason not to buy?

Usually not. Most are along boundaries and cause no issues. It matters when it limits what you plan to do, or when structures already sit over it without approval.

What is the difference between an easement and a covenant?

An easement gives someone a right over your land. A restrictive covenant limits what you can do on your land. A positive covenant requires you to do something.

Sources

• Consumer Affairs Victoria, Seek expert advice on property: https://www.consumer.vic.gov.au/housing/buying-and-selling-property/buying-property/seek-expert-advice-on-property
• NSW Government (NSW Fair Trading), Sales contracts – requirements for property agents: https://www.nsw.gov.au/housing-and-construction/property-professionals/working-as-an-agent/sales-contracts
• Queensland Government, Seller disclosure scheme: https://www.qld.gov.au/housing/buying-owning-home/seller-disclosure-scheme
• Consumer and Business Services SA, Buying a home (fact sheet): https://www.cbs.sa.gov.au/documents/buying-a-home-factsheet6187.pdf
• Consumer Protection WA, Sale by offer and acceptance: https://www.consumerprotection.wa.gov.au/publications/sale-offer-and-acceptance-publication
• Sydney Water, Certificates, documents and diagrams: https://www.sydneywater.com.au/accounts-billing/managing-your-account/buying-and-selling-a-property/certificates-documents-diagrams.html

General information only, not legal advice. Last reviewed 18 October 2026.