Land Development Conveyancing

EASEMENTS

An easement gives an individual or a company, known as a grantee, the right to use land for a particular purpose. An easement can restrict how the owner of the land, known as the grantor, can use their property.

Common easements include:

  • pathways and walkways
  • for the supply of utilities - eg water, electricity, gas
  • access roads
  • the right to park a vehicle
  • party walls

Easements and rights of way that are registered on a certificate of title will remain as the land is bought and sold. It can only be removed when both the easement holder and the owner of the land agree. Some easements may not be listed on the certificate of title - eg electricity, sewerage, water and telecommunication easements.

If SA Water has a sewer pipe positioned under your land it is likely they will have an easement on your property. This entitles them to access the land to repair, maintain or replace this pipe.

How an easement can affect property?

There may be restrictions placed on how you can use the property and the land the easement covers. This can include building on the easement. When applications for development approval are lodged any registered easements will be taken into consideration. You may not be able to build in an area that would restrict access to the easement, or to fence off a right of way to prevent access. Other types of restrictions may apply. For example you may not be able to plant certain types of trees on or near a water pipe.
If your property holds an easement over someone else's land this could be a benefit that may increase the value of your property. If you don't check the easements on your property and the restrictions associated with it when you build you will be held responsible for organising and paying for the structure to be removed, and repairing any damage caused.