You’ve found the perfect block, or you’ve drawn up plans for a shed, pool or granny flat. Then the title search shows an easement running across the land. What does that mean for your plans?
Easements are one of the most common surprises we see on properties around Gympie and the wider region. They’re easy to manage if you find them early, and expensive if you find them after the slab is poured.
What is an easement?
An easement is a legal right for someone other than the owner to use part of your land for a specific purpose. You still own the land, but the easement holder (a neighbour, council or utility provider) has a right to use that strip. A registered easement appears on the property title.
Common types include:
- Right of way: a neighbour, or a battle-axe lot behind you, has the right to cross your land to reach their property.
- Services easement: water, sewer, stormwater, electricity or telecommunications infrastructure runs through the land, often underground.
- Easement for support or party walls: relates to shared walls between properties.
- Easement for light and air: limits building height or placement so a neighbouring property keeps its access to light and air.
Why easements matter before you build
In general, you can’t build over an easement, and building close to one can still cause problems. A council sewer or water main may need to be dug up for maintenance or repair, and the owner of any structure in the way can be left to cover the cost of removing it. Many services easements also have minimum clearance requirements before a building approval will be granted.
That’s why easements matter for projects like:
- sheds, carports and garages
- swimming pools and retaining walls (see our guide on retaining wall rules in Gympie)
- granny flats and extensions (see do you need a survey before building a granny flat)
- fences and driveways
Easements and buying property
If you’re buying, check the title for easements before you sign. Sellers are expected to disclose easements, and a buyer who isn’t told may have grounds to take it up with their solicitor. But a title search only tells you an easement exists. It doesn’t tell you exactly where it sits on the ground.
How a survey helps
The registered plan shows an easement’s width and general position, but it won’t show you where it sits relative to your fence, your house or your proposed building. A licensed surveyor can:
- Research the title and registered plans.
- Locate and peg the easement on the ground.
- Show it on a boundary survey or detail and contour survey alongside existing structures and levels.
- Set out your proposed building so it stays clear (a construction survey).
Easements and subdivision
Subdividing a lot often creates new easements: for access to rear lots, or for sewer, water and stormwater connections. Existing ones can also restrict where new boundaries and building envelopes can go. Our subdivision services include working out what is needed before a plan is lodged.
Can an easement be removed?
Sometimes, but it normally needs the agreement of the person or authority who benefits from it, plus the right documents lodged with the Queensland titles registry. Where agreement can’t be reached, a court application is possible in limited circumstances. Speak to a solicitor about this. A surveyor can supply the plans the process needs.
Frequently asked questions
Can I build a shed over an easement?
Usually not. Even where it’s allowed, you may need the holder’s consent, and you risk losing the structure if the holder needs access.
How do I know if my property has an easement?
Order a title search. Any registered easements are listed on it. Then have a surveyor locate it on the ground.
Will an easement affect my property value?
It can limit where you build, so it’s worth understanding before you buy.
Does a fence on an easement cause problems?
Fences are often allowed, but the holder can remove them if access is needed. Check before building.
Who pays to move a pipe or service in an easement?
Typically whoever wants the change. Get advice first.
Talk to a local surveyor
Before you buy, build or subdivide, find out exactly where any easements sit. Contact Gympie Surveyors for a straightforward quote.
This article is general information, not legal advice. Speak to a solicitor about your specific situation.