Quick Answer
On a New South Wales property title search, easements appear in the Second Schedule under "Encumbrances". Each entry shows the easement type, a registered dealing number, and the burdened and benefited land. To see the physical location and specific conditions, you must order the deposited plan or dealing instrument referenced in that entry. A Current Title search through TitleFinder costs $74.50 AUD and shows every registered encumbrance.
Where Easements Appear on a NSW Title Search
A standard NSW title search has two schedules. The First Schedule lists the registered proprietors — who owns the land. The Second Schedule lists every encumbrance, including easements, covenants, restrictions and caveats.
When you order a title search through TitleFinder, the Second Schedule is where your easement work begins. Each entry typically shows:
- The easement type (e.g. "Right of Carriageway", "Easement for Drainage")
- The registered dealing number or reference to a deposited plan
- The land burdened (your property) and the land benefited (the neighbour or authority)
- The date of registration
If the Second Schedule is blank, there are no registered encumbrances on title. But always verify against the deposited plan — some easements are created by plan notation rather than a separate dealing.
Reading the Reference Numbers
Each easement entry references either a deposited plan (DP) number or a dealing number. A DP number means the easement was created when the land was subdivided and its dimensions are shown on that plan. A dealing number means a separate instrument was registered after the original subdivision — order that dealing to read the full terms.
Common Easement Types on NSW Property Titles
| Easement Type | What It Allows | Who Usually Benefits | What to Check |
|---|---|---|---|
| Right of Carriageway | Vehicle and pedestrian access across burdened land | Adjoining landowner | Width of carriageway; maintenance obligations; shared driveway terms |
| Easement for Drainage | Stormwater or sewer pipes under the land | Local authority or upstream neighbour | Pipe location on DP; building setback requirements near pipes |
| Right of Support | Structural support for an adjoining building | Adjoining property owner | Whether excavation or underpinning near boundary is restricted |
| Easement for Services | Electricity, gas, telecommunications infrastructure | Utility provider | Infrastructure location; access rights for maintenance |
| Easement to Use | General right to use part of the land for a stated purpose | Varies | Specific purpose; any conditions or compensation clauses |
Strata, Torrens and Old System Land: What Changes
Strata Apartments
In a strata scheme, the individual lot rarely carries easements directly. Easements over common property are recorded on the strata plan or the parent title for the scheme. Check the strata plan for easements over common property and any by-law allocating maintenance responsibility. Shared driveways or drainage with neighbours usually appear on the parent title, not your lot title.
Torrens Title Homes
Most NSW residential homes are Torrens title — the register is guaranteed by the state system. Easements on a Torrens title are fully registered and discoverable through the title search. The common mistake is assuming the title is clean because the Second Schedule looks empty. Always cross-check the deposited plan for notations that create easements by plan rather than by separate instrument.
Old System Land
Old system title land relies on a chain of title documents rather than a single guaranteed register. Easements may exist in earlier conveyances and not appear on a current title search. If you are dealing with old system land, you must search the historical chain. This is one of the highest-risk areas for missing easements — order a full title search and consider a historical search of the chain.
Caveats
A caveat is not an easement but appears in the same Second Schedule. A caveat signals an unregistered interest — often a purchaser under exchange, a mortgagee, or someone claiming an equitable easement. A caveat does not create an easement but can prevent dealings until resolved. Read the caveat claim carefully to understand what interest is protected.
When You Need More Than the Title Search
The title search tells you an easement exists. It does not always show the physical dimensions or the detailed conditions. Order additional documents when:
- The easement references a dealing number — order the dealing instrument to read the full terms, conditions and compensation provisions
- The easement references a deposited plan — order the DP to see the exact position, width and surveyed dimensions on the lot
- You are planning building work near the boundary — the dealing or plan may impose setback requirements or restrict structures over the easement
- The land is old system — a title search alone may not reveal all historical easements
A Current Title search through TitleFinder is $74.50 AUD and gives you the full register. Additional plans and dealings are ordered separately through TitleFinder at their respective fees.
Practical Checklist: Reading Easements on Your NSW Title Search
- Open the Second Schedule of the title search
- List every entry — note the type, dealing or DP number, date, and parties
- For each easement, identify whether it burdens or benefits the property
- Cross-reference each DP number against the deposited plan to see the physical location
- For dealing numbers, order the dealing instrument to read the full terms
- Check whether building or excavation is restricted within the easement area
- For strata lots, review the strata plan and any relevant by-laws
- For old system land, extend your search to the historical title chain
- Review any caveats separately — they are not easements but affect dealings
- Confirm maintenance cost obligations with your conveyancer
Frequently Asked Questions
Can an easement exist without appearing on the title search?
Yes. Easements created by deposited plan notation may not generate a separate Second Schedule entry — they are visible only on the plan itself. Always order and review the deposited plan for any lot you are buying, especially Torrens title residential land.
What is the difference between an easement and a covenant on a NSW title?
An easement grants someone the right to use part of your land for a specific purpose, such as access or drainage. A covenant is a promise to do or not do something on the land, such as a building height restriction. Both appear in the Second Schedule but have different legal effects and enforcement mechanisms.
Do I need to order a plan if my title search shows no easements?
Yes. Plan notations can create easements without a separate Second Schedule entry. The additional cost of ordering the deposited plan is small compared to discovering an unrecorded easement after settlement.
Always consult your conveyancer or solicitor for advice on how an easement affects your specific purchase. TitleFinder provides title searches to support your due diligence — we do not provide legal advice.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- NSW Title Search — $69.90
- NSW Imaged Deposited Plan — $85.90
- NSW Imaged Documents — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.