Everything You Need to Know About Easements on Queensland Property Titles
Easements are one of the most common — and most misunderstood — features of Queensland property titles. They grant someone other than the property owner a right to use part of the land for a specific purpose, and they can have a real impact on what you can build, where you can build it, and how you use your property.
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Current Title / State Lease
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Image of Survey Plan (SP/RP)
Use this when the physical plan, lot boundaries, strata plan or access layout matters.
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Image of Dealing Instrument
Use this when you need the registered dealing/instrument behind an easement, covenant, lease or caveat.
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Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
Whether you're buying a house, planning a renovation, or developing a site, understanding easements is a non-negotiable part of property due diligence in Queensland.
What Is an Easement?
An easement is a legal right that allows a person, organisation, or authority to use a portion of your land for a defined purpose. The land burdened by the easement is called the servient tenement, and the land (or party) that benefits is the dominant tenement.
Easements "run with the land," meaning they bind current and future owners regardless of who owned the property when the easement was created. They don't expire when the property changes hands — they're a permanent feature of the title unless formally surrendered or extinguished.
Common Types of Easements in Queensland
Drainage Easements
These are among the most prevalent, particularly in suburban areas. They allow stormwater or sewerage infrastructure to pass through your property. Council or the water authority typically holds the benefit. Building over a drainage easement is generally prohibited without specific approval.
Access Easements (Right of Way)
These grant a neighbouring property owner the right to cross your land to access their own. Common in rural areas, battle-axe lots, and older subdivisions where not every lot has direct road frontage.
Services Easements
These cover underground or overhead services — electricity, telecommunications, water, and gas. Utility companies hold the benefit and have the right to access the easement area for maintenance and upgrades.
Party Wall Easements
In townhouse and duplex developments, party wall easements define the shared wall between adjoining lots and the rights and responsibilities of each owner regarding maintenance and modification.
Statutory Easements
Some easements exist by operation of law and may not appear on the title at all. Water and sewerage infrastructure easements created under the Water Supply (Safety and Reliability) Act 2008 are a common example. These are important to verify through council searches even if the title appears clear.
How Easements Appear on Your Title
When you order a Current Title search ($74.50 AUD) from Title Finder, any registered easements will appear in the "Registered Interests" section. You'll see:
- The type of easement (e.g., "Easement in Gross" or "Easement")
- The dealing number under which it was registered
- The party that benefits from the easement
- A reference to the plan showing the easement's location
However, the title only provides a summary. To see the full terms and conditions of the easement — including exactly what activities are permitted, any compensation provisions, and maintenance obligations — you need the dealing instrument.
At Title Finder, you can order an Image of Dealing Instrument for $91.80 AUD to get the complete registered document.
Why the Survey Plan Matters
The dealing instrument tells you the terms of the easement. The survey plan tells you the location. For any property with registered easements, you should always review the survey plan to understand:
- The exact width and alignment of the easement
- How much of your lot is affected
- Whether the easement crosses a buildable area
- The relationship between the easement and lot boundaries
A Survey Plan costs $85.90 AUD from Title Finder. For properties with multiple easements, this is arguably the most important document after the title itself.
How Easements Affect Property Development
Building Setbacks and Restrictions
Most easements come with restrictions on what can be built within the easement area. Drainage easements typically prohibit any structures, including fences, sheds, and pools. Even seemingly minor structures like garden retaining walls can breach easement conditions.
Council Development Assessments
When you lodge a development application, council will check the title for registered easements. If your proposed building footprint encroaches on an easement, you'll need to either redesign the project or seek consent from the easement beneficiary — which can be time-consuming and isn't guaranteed.
Property Value Impact
Easements can affect property value, particularly if they limit the developable area of the lot. A 3-metre-wide drainage easement running through the centre of a 400 sqm lot is a very different proposition from one along the rear boundary. Knowing the exact location before you buy is essential.
Can Easements Be Removed?
Yes, but it's not straightforward. Easements can be:
- Surrendered — if the beneficiary agrees to give up the easement
- Extinguished by the court — under the Property Law Act 1974, if you can demonstrate the easement is no longer necessary or that its continued existence would be unreasonable
- Merged — if the dominant and servient tenements come into common ownership
Any removal must be formally registered with the Land Registry. A Historical Title Search ($86.50 AUD) can help you verify whether previous easements have been properly extinguished.
Easement Due Diligence Checklist
Before buying any Queensland property, follow this checklist:
- Order a Current Title search — identify all registered easements ($74.50)
- Get the survey plan — see the exact location and dimensions ($85.90)
- Obtain dealing instruments — read the full terms of each easement ($91.80 each)
- Check for statutory easements — request a council property search for unregistered easements
- Assess impact on plans — overlay easement locations against any building or development intentions
- Seek legal advice — if easements are complex or you're considering seeking their removal
Start Your Easement Search Today
Understanding easements before you buy protects you from costly surprises down the track. A few hundred dollars in title searches now can prevent tens of thousands in redesign costs, disputes, or devaluation later.
Visit titlefinder.com.au to order your Current Title, Survey Plan, and Dealing Instrument searches. We deliver directly from Queensland's Land Registry, typically within one business day.
