What Are Easements and Why Do They Matter?
If you are buying property in Queensland, understanding easements is essential. 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. Easements are registered on the Certificate of Title and can significantly affect how you use and develop your property.
Order the right document
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.
Many buyers are surprised to discover easements on their property after purchase. This guide explains the most common types of easements in Queensland, how they affect your property rights, and how to check for them before you buy.
Common 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 use these easements to maintain drainage systems. If your property has a drainage easement, you typically cannot build permanent structures over it.
Access Easements (Rights of Way)
An access easement grants another party the right to cross your property to reach their own land. This is common in situations where a rear lot has no direct road frontage. The easement ensures the owner of the rear lot can access their property through yours.
Utility Easements
These easements allow utility companies — such as Energex, Telstra, or Urban Utilities — to install and maintain infrastructure like power lines, water mains, or telecommunications cables across your property. Utility easements may restrict building and landscaping in the affected area.
Party Wall Easements
In townhouse and unit developments, party wall easements define shared walls between adjoining properties. These easements outline the responsibilities of each owner for maintenance and repair of the shared structure.
Easements in Gross
An easement in gross benefits a specific entity rather than an adjoining property. For example, a council may hold an easement in gross for stormwater drainage across your land. These easements remain even if surrounding properties change ownership.
How Easements Affect Property Use
Easements can have practical implications for property owners:
- Building restrictions — You generally cannot construct permanent buildings, pools, or retaining walls within an easement area
- Landscaping limitations — Deep-rooted trees or structures that could interfere with underground services may be prohibited
- Access requirements — You must allow the easement holder reasonable access to the easement area for maintenance
- Development constraints — Easements can limit subdivision potential or affect building envelope calculations
- Property value — Extensive easements may reduce property value, particularly if they limit development options
How to Check for Easements Before Buying
The best way to identify easements is through a thorough title search before you commit to purchasing a property.
Step 1: Order a Current Title Search
A Current Title Search ($74.50 AUD) from TitleFinder will show all encumbrances registered against the property, including easements. Each easement is listed with a dealing number that identifies the specific instrument.
Step 2: Review the Dealing Instrument
To understand the exact terms of an easement — including its location, width, purpose, and any conditions — order an Image of Dealing Instrument ($91.80 AUD). This document contains the full legal details of the easement.
Step 3: Check the Survey Plan
Order a Survey Plan ($85.90 AUD) to see the physical location of easements on the property. Survey plans show easement boundaries, dimensions, and their relationship to lot boundaries and buildings.
Can Easements Be Removed or Changed?
Removing or modifying an easement in Queensland is possible but not straightforward. The process depends on the type of easement:
- By agreement — If both the property owner and the easement holder agree, the easement can be surrendered and removed from the title
- By court order — Under the Property Law Act 1974 (Qld), you can apply to the court to have an easement extinguished if it is no longer necessary or has been abandoned
- By resumption — Government authorities can resume easements through compulsory acquisition processes
In practice, removing easements held by councils or utility providers is very difficult, as they typically relate to essential infrastructure.
Easements and Body Corporate Properties
If you are buying into a body corporate (strata) scheme, easements take on additional complexity. Common property areas may be subject to easements that affect all lot owners. The body corporate is responsible for managing these easements, and individual lot owners may have limited ability to challenge them.
Before buying a strata property, review the community management statement and any registered easements carefully. Your solicitor or conveyancer can help you understand how these easements affect your specific lot.
Practical Tips for Dealing with Easements
- Always check before building — Before any construction, verify easement locations against your building plans
- Get professional advice — If an easement affects your intended use, consult a property lawyer before purchasing
- Factor easements into negotiations — Significant easements may justify a lower purchase price
- Understand maintenance obligations — Some easements require the property owner to maintain the easement area
- Keep records — Retain copies of all easement documents for future reference and resale
Order Your Easement Documents Today
Understanding easements is a critical part of property due diligence in Queensland. TitleFinder provides fast, affordable access to the documents you need:
- Current Title Search — $74.50 AUD
- Dealing Instrument — $91.80 AUD
- Survey Plan — $85.90 AUD
Visit titlefinder.com.au to order your property documents today and make informed decisions about your next property purchase.
