What Is an Easement and How Can It Affect a Property?

Plain-English Answer

What is an easement? It's a legal right to use, access or control part of a piece of land for a particular purpose. It may benefit another property, a government authority, a utility provider, or another legally recognised entity. The landowner generally remains the legal owner of the affected area, but their use of that area may be restricted by the easement's terms.

What the Document Can Show

• Easement Type and Identifier — whether the interest is a statutory easement (e.g., for drainage or electricity) or a privately created easement.

• Benefited Entity — the authority, service provider, or adjoining property that holds the right to use the designated area.

• Document Dealing Numbers — reference numbers pointing to the registered plan or instrument where the location and conditions are logged (see how dealing numbers work).

What It May Not Establish

• Physical Infrastructure Location — a standard title record notes the existence of an easement, but generally not the exact physical depth or ground position of underground pipes or cables. Some statutory easements arise under legislation and may not appear on a plan the same way a privately registered easement does.

• Unregistered Rights — historical, informal, or unrecorded access arrangements will not appear on a standard register search (see registered vs unregistered interests).

• Structural Compliance — a title search may not establish whether an existing structure physically encroaches on an easement; a survey, site inspection or review of the underlying instrument may be needed.

Practical Next Steps

• Obtain the current title search and associated registered plan to inspect designated boundaries.

• Request a copy of the underlying dealing document to read the specific terms and restrictions.

• Cross-reference property boundary diagrams with local authority records before planning any construction.

When to Seek Professional Advice

If you intend to build over or near an easement, engage a licensed cadastral surveyor to confirm the physical position on the ground, and speak with a conveyancer or property lawyer about your rights and obligations — a surveyor can locate a boundary, but interpreting the legal terms is a job for a solicitor or conveyancer.

Related: What is an encumbrance on a property title? · How to identify registered easements on title

This article provides general information only and is not legal, conveyancing, surveying or financial advice. Property title terminology and procedures can differ between Australian states and territories. Check the relevant land registry records for your property and obtain professional advice for your specific situation.