Quick Answer
To read easements on a NSW title search, check the "Second Schedule" and "Notations" section of the official property records. These sections list registered easements, specifying the burdened and benefited land, the type of easement (such as right of way or drainage), and reference the specific deposited plan showing the easement's physical location.
How to Read Title Search NSW Documents
When you order a Current Title / State Lease search through TitleFinder for $74.50 AUD, you receive the official property records for that specific lot. Understanding how to read title search NSW documents begins with verifying the lot and plan number, checking the registered proprietor, and scanning for any title encumbrances NSW registers record. Easements are the most common encumbrance, granting another party specific rights over a portion of the land you intend to buy.
Locating Easements Property Title New South Wales
Easements appear in two main areas on the title document:
- Second Schedule: This section lists the easement details, including the burdened land (your property) and the benefited land (usually a neighbour or authority).
- Notations: This area may reference easements created under a specific section of an Act or indicate that easements are shown on the deposited plan.
If the title mentions an easement, you must order the related Deposited Plan (DP) to see exactly where the easement runs across the property. An easement listing without a plan reference is a red flag for your due-diligence, as you cannot assess its physical impact.
Common Easement Types
Understanding the type of easement dictates what you can and cannot do on that part of the land:
- Right of Way / Carriageway: Allows a neighbour to drive or walk across your property to access their land. You cannot build over or block this area.
- Drainage and Sewerage: Gives authorities the right to maintain pipes or drains. Building over a drainage easement usually requires specific approval and may be outright prohibited.
- Support: Common in terraces; ensures a neighbouring building retains structural support from your land. Excavation near a support easement requires extreme care.
How Easements Impact Different Property Types
The impact of easements varies depending on the property classification:
| Property Type | Easement Risk Profile |
|---|---|
| Torrens Title Homes | Easements for drainage or access often run along side or rear boundaries. Check the DP to see if a proposed shed or extension violates the easement. |
| Strata Apartments | Easements usually run through common property for pipes, wiring, or shared access. Review the strata plan to see if easements burden the common property, and check by-laws for exclusive use rights acting as easements over your lot. |
| Old System Land | Unlike Torrens title, Old System land relies on a chain of historical documents. Easements may not appear on a modern title extract if created decades ago. Your conveyancer must trace the historical chain to uncover hidden prescriptive rights. |
Other Title Encumbrances NSW Buyers Must Check
While easements are standard, other encumbrances can restrict your ownership or indicate legal disputes:
- Caveats: A warning that someone else claims an interest in the land (e.g., an unregistered mortgage or a builder seeking payment). A caveat prevents any further dealings with the title until it is withdrawn or resolved.
- Restrictive Covenants: Rules limiting land use, such as building height limits, material restrictions, or prohibitions on subdividing. Common in newer estates and heritage overlays.
- Writs: Court orders tied to a previous owner's debts that can force a sale to satisfy a judgment.
Practical Checklist: Reading Your Title Search
- Verify the lot and plan number match the contract of sale exactly.
- Check the First Schedule for the registered proprietor's name and any tenancy details.
- Read the Second Schedule for all easements, restrictive covenants, and caveats.
- Order the Deposited Plan for every easement listed to map physical boundaries on the site.
- For strata apartments, review the strata plan and look for common property easements.
- If buying Old System land, request a full historical tracing back to the root of title.
- Order the specific instrument or dealing number for any caveats or covenants to read the exact terms.
When to Order Additional Documents
A Current Title search provides a snapshot of registered interests, but you will often need to order the underlying instrument or dealing to understand the fine print. For example, if the Second Schedule lists a Restrictive Covenant, the dealing document tells you the specific building material limits. If there is a drainage easement, the dealing outlines the local authority's right to access and repair the pipes. Always order the Deposited Plan to visually map the easement's physical boundaries on the site before you plan any structures.
Practical caveat: Title searches provide factual records of registration. Interpreting how an easement affects your specific building plans requires advice from a qualified conveyancer or solicitor.
Frequently Asked Questions
What does an easement look like on a title search?
It appears in the Second Schedule, stating the type (e.g., Right of Carriageway), the land burdened, the land benefited, and the Deposited Plan number detailing its physical location.
Can I build over an easement on my property?
Generally, no. You cannot build permanent structures over an easement without consent from the benefited party or authority. Fences and low decks may be acceptable, but always check the specific terms of the easement instrument first.
What is the difference between an easement and a caveat?
An easement grants a right to use a portion of land (like a shared driveway). A caveat is a statutory notice preventing further dealings with the title until a third party's claim is resolved.
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.