What Is an Easement?
An easement is a legal 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 remain attached to the property regardless of ownership changes. If you are buying property, understanding easements is one of the most important aspects of your due diligence.
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Which TitleFinder product matches this check?
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.
$85.90 · Order this document
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.
Types of Easements in Queensland
Drainage Easements
Drainage easements are among the most common in Queensland. They allow stormwater or sewerage infrastructure to pass through your property. Local councils and utility providers rely on these easements to maintain drainage networks. If your property has a drainage easement, you generally cannot build permanent structures within the easement corridor — no sheds, pools, extensions, or retaining walls without specific approval.
Access Easements
Access easements (also called rights of way) grant another property owner the right to cross your land to reach their own property. These are common in battleaxe blocks, rear lots, and rural properties where a lot may not have direct road frontage. The easement holder has the right to use the access corridor, and the burdened property owner must keep it clear.
Utility Easements
Electricity, water, gas, and telecommunications providers often hold easements over private property for infrastructure installation and maintenance. These easements can restrict what you build near power lines, water mains, or communication cables. Utility easements are sometimes wide — up to several metres — which can significantly reduce your usable building area.
Party Wall Easements
In townhouse and duplex developments, party wall easements allow shared walls between adjoining lots. These easements define maintenance responsibilities and structural obligations for both property owners.
Easements in Gross
Unlike standard easements that benefit a neighbouring property, easements in gross benefit a specific entity — usually a government body or utility company. These do not require a dominant tenement (benefiting property) and are common for public infrastructure corridors.
How to Find Easements on Your Title
All registered easements appear in the encumbrances section of your Certificate of Title. Each easement entry includes a dealing number that references the original instrument creating the easement. The title will typically show:
- The type of easement (drainage, access, etc.)
- The dealing number of the creating instrument
- Who benefits from the easement (the dominant lot or entity)
- A reference to the survey plan showing the easement location
To get the full details, you need two documents:
- The Dealing Instrument ($91.80 AUD) — the legal document that created the easement, including all terms and conditions
- The Survey Plan ($85.90 AUD) — shows exactly where the easement sits on your property with dimensions and boundaries
Both are available through TitleFinder for instant delivery.
How Easements Impact Property Value
Easements can significantly affect what you can do with your land:
- Building restrictions: You cannot build permanent structures within most easement corridors without approval from the easement holder
- Subdivision limitations: Easements can complicate or prevent subdivision of your property
- Development potential: Wide utility or drainage easements reduce your effective buildable area
- Landscaping restrictions: Some easements restrict deep-rooted planting that could interfere with underground infrastructure
Conversely, properties with access easements benefiting them (dominant tenement) may have enhanced value if the easement provides critical access that would otherwise not exist.
Can Easements Be Removed or Modified?
Removing or modifying an easement in Queensland requires agreement from both the burdened and benefiting parties, plus registration of a new dealing with the land registry. In some cases, you may apply to the court to extinguish an easement if it is obsolete or no longer serves its original purpose. This process can be complex and expensive, so it is important to understand easement implications before purchasing rather than hoping to remove them afterwards.
Practical Due Diligence Steps
- Order a Current Title Search ($74.50 AUD) to identify all registered easements
- Review the Survey Plan ($85.90 AUD) to see exactly where easements are located on the property
- Order relevant Dealing Instruments ($91.80 AUD each) to understand the full terms and conditions of each easement
- Check with the local council for any additional unregistered easement requirements
- Consult your solicitor or conveyancer if any easements raise concerns about your intended use
Do Not Skip the Title Search
Many buyers focus on building inspections and pest reports but overlook the title search. Easements are not visible during a property inspection — you will not see "EASEMENT" painted on the ground. The only way to know what encumbrances exist is to search the title.
At TitleFinder, we make this process fast and affordable. Order your Queensland title search today and understand exactly what you are buying before you commit.
