Easements on New South Wales property titles: what buyers must check

Quick Answer

An easement on a New South Wales property title gives another party the right to use part of your land for a specific purpose, such as drainage, right of way, or utility services. Buyers must check the current title to identify registered easements, understand their impact on building or renovating, and order the related plan or dealing to see the exact location and terms.

Why Checking Easements Matters in NSW

When you buy a home or strata apartment in New South Wales, the title tells you who owns the land and who holds rights over it in official property records. An easement is a legally binding interest. Ignoring an easement property title New South Wales entry can lead to building disputes, blocked renovations, or unexpected access obligations. Whether you are buying a Torrens title home, a strata apartment, or old system land, you need to know exactly what restrictions exist before settlement.

Types of Easements on NSW Titles

Easements typically fall into a few categories. Each restricts the registered owner in different ways.

• Right of Way: Allows a neighbour or council to cross the land to access their property or a public road. This is common for battle-axe blocks or shared driveways.
• Easement for Services: Permits utility providers to run stormwater drains, sewer pipes, or power lines underground or above ground across the property.
• Easement of Support: Ensures a building or land is physically supported by an adjacent wall or land, often relevant for attached townhouses or terraces.
• Restrictive Easement: Limits what you can build on the land, such as height restrictions, building material limits, or fencing requirements.

When you do a title search easement review, note the type and its registered number. This number is what you use to order the full dealing or deposited plan.

What to Check Before Buying

1. The Current Title

Order the current title through TitleFinder. Look in the "Second Schedule" or "Easements" section for any registered easements. This section lists the dealing number, the type of easement, and the land benefiting from it. A Current Title / State Lease search through TitleFinder costs $74.50 AUD and gives you the baseline data you need to start your due diligence.

2. The Deposited Plan (DP)

An easement often references a specific Deposited Plan. The title will list the DP number. Order this plan to see the exact surveyed boundaries and the physical location of the easement across the block. You cannot guess where a drainage pipe runs; the DP shows the measured dimensions on the lot. This is essential if you plan to build a house extension, pool, or shed.

3. The Dealing or Instrument

For older or complex easements, the title might reference a specific dealing number. Ordering the dealing provides the actual legal terms, including maintenance responsibilities, who pays for repairs, and whether the easement can be varied or extinguished. Always order the dealing if the easement terms are unclear from the title alone.

4. Strata By-Laws and Easements

If you are buying a strata apartment, check the strata plan and by-laws carefully. Easements often exist between the strata corporation and utility providers, or between the strata scheme and an adjoining owner. These easements might affect common property, parking spaces, or exclusive use areas. A strata title search will help you identify these entries before you commit to the purchase.

Old System Land and Caveats

New South Wales still has old system land, where ownership relies on a chain of deeds rather than a single Torrens title. Tracking an easement on old system land requires checking the individual deeds. This makes title search easement checks more complex. A caveat on a title might also hint at an unregistered interest or an easement

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.