What Is an Easement?
An easement is a registered right that allows someone other than the property owner to use a specific part of the land for a defined purpose. In Queensland, easements are registered on the Certificate of Title and shown on the survey plan, making them binding on all current and future owners.
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Use the article as a reference, then order the actual record below when you need evidence for a purchase, conveyancing file, council check or due-diligence review.
Current Title / State Lease
Start here to confirm the current registered owner, title reference and registered interests.
$74.50 · Order this document
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.
$91.80 · Order this document
Not sure which document fits? Start with the current title search, then add the plan or instrument if the title points to one.
Easements are one of the most commonly misunderstood aspects of property ownership, yet they can significantly affect what you can build, how you use your land, and the overall value of your property.
Common Types of Easements in Queensland
Drainage Easements
These allow stormwater or sewerage infrastructure to pass through your property. Local councils and utility providers commonly hold drainage easements. You typically cannot build permanent structures over a drainage easement, and the easement holder has the right to access your land for maintenance.
Access Easements (Right of Way)
Access easements grant another property owner the right to cross your land to reach their own property. These are common in rear lots, battle-axe blocks, and rural properties where direct road frontage is not available. The benefiting property has the right to pass over the easement area, and the burdened property owner cannot obstruct access.
Services Easements
These cover underground or overhead services such as water pipes, electricity cables, telecommunications infrastructure, and gas lines. Utility providers such as Energex, Urban Utilities, and Telstra commonly hold services easements across residential properties.
Party Wall Easements
Where buildings share a common wall (such as duplexes or terraced houses), a party wall easement defines the shared rights and responsibilities for that wall. Both property owners have rights to use and maintain the shared structure.
Light and Air Easements
Less common but still encountered, these easements protect a property's access to natural light or ventilation by restricting what can be built on the burdened property.
How Easements Appear on Your Title
Easements are listed in the encumbrances section of your Certificate of Title. A typical entry might read:
"Easement No. 123456789 — Drainage easement 3.0m wide in favour of Brisbane City Council"
The title entry identifies the easement dealing number, the type of easement, its dimensions, and who benefits from it. To see the full terms and conditions of the easement, you need to obtain the dealing instrument — the actual registered document.
Dealing instruments for Queensland properties are available through TitleFinder for $91.80 AUD.
How Easements Affect Property Development
Easements directly impact what you can build and where. Key considerations include:
Building Over Easements
In most cases, you cannot construct permanent buildings or structures over an easement area. This includes houses, garages, retaining walls, and even substantial landscaping. Some easements allow minor structures (like fences that can be easily removed), but this varies by easement type and holder.
Setback Calculations
When calculating building setbacks for a development application, the easement area is effectively excluded from your usable site area. A 3-metre drainage easement along your rear boundary means your effective rear setback starts 3 metres further into your lot.
Subdivision Constraints
Easements can complicate subdivision plans. A large easement running through the middle of a lot may make it impossible to achieve the minimum lot sizes required by the planning scheme. Developers must account for easements early in feasibility assessments.
Landscaping and Improvements
Even non-structural improvements within an easement area may need to be removable. Planting large trees over a sewer easement, for example, could result in root damage to infrastructure — and you could be liable for repair costs.
Can Easements Be Removed or Relocated?
Yes, but it is not straightforward. Options include:
- Surrender — the easement holder agrees to release the easement (rare for infrastructure easements)
- Relocation — the easement is moved to a different part of the property, usually at the owner's expense and with the holder's consent
- Court application — under the Land Title Act 1994, you can apply to the court to extinguish or modify an easement if it is no longer necessary or its continuation would be unreasonable
Each option involves legal costs and is not guaranteed to succeed. Always seek legal advice before attempting to modify a registered easement.
Easements and Property Value
Easements generally have a negative impact on property value because they restrict what the owner can do with the land. The degree of impact depends on:
- Size — a 1-metre services easement along the boundary has minimal impact; a 6-metre drainage easement through the centre of the lot is significant
- Location — easements along boundaries affect value less than those bisecting the property
- Type — access easements that bring traffic across your property are generally more impactful than underground services easements
- Development potential — on development sites, easements can reduce yield and feasibility
Due Diligence: Always Check for Easements
Before purchasing any Queensland property, you should:
- Order a current title search ($74.50) to identify all registered easements
- Review the survey plan ($85.90) to see the exact location and dimensions of easements
- Obtain dealing instruments ($91.80 each) for any easements that concern you, to understand the full terms
This three-step process gives you complete visibility over how easements affect the property.
Get Your Title Search Today
Do not let hidden easements derail your property plans. Order your Queensland title search from TitleFinder and know exactly what encumbrances exist on the property before you commit.
