What Are Easements and Why Should You Care?
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 one of the most common — and most misunderstood — interests registered on a Certificate of Title.
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.
Whether you are a home buyer, property developer, or investor, understanding easements is critical. They can restrict where you build, what you can do with your land, and even affect the value of your property.
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 private land. Local councils and water authorities frequently hold drainage easements. If your property has a drainage easement, you typically cannot build any permanent structure over it — including extensions, sheds, pools, or retaining walls.
Access Easements (Rights of Way)
An access easement grants the right to pass over part of your land. This is common in rear lots that lack direct street frontage. The front lot has an easement registered against it to allow the rear lot owner to access their property via a shared driveway.
Electricity Easements
Energy Queensland (Energex or Ergon) may hold easements for overhead powerlines, underground cables, or substations. These easements protect the electricity infrastructure and restrict what can be built within the easement corridor.
Sewerage Easements
Urban Utilities or other water authorities hold easements for sewer mains that run through private property. Like drainage easements, these restrict construction over the sewer line.
Party Wall Easements
Common in terraces and townhouses where a shared wall sits on or near a boundary. The easement ensures both property owners have rights to maintain their side of the wall and that neither can demolish it unilaterally.
Telecommunications Easements
Telstra and NBN Co may hold easements for cables, conduits, or exchange infrastructure on private land.
How Easements Are Created
Easements in Queensland can be created through several mechanisms:
- Express grant — by agreement between the land owners, registered as a dealing instrument
- Reservation on subdivision — when land is subdivided, easements are often reserved on the survey plan
- Statutory authority — government bodies can acquire easements through legislation
- Prescription — rare in Queensland under the Torrens system, but possible in limited circumstances
- Court order — a court may grant an easement of necessity where land would otherwise be landlocked
Finding Easements on Your Title
Easements are recorded in the "Easements, Encumbrances and Interests" section of the Certificate of Title. A typical entry might read:
"Easement No. 716123456 — drainage — in favour of Brisbane City Council"
This tells you three things: the dealing number, the purpose, and who holds the benefit. However, the title only provides a summary. To understand the full terms — including the exact location, width, and conditions — you need two additional documents:
1. The Dealing Instrument — $91.80
The dealing instrument (referenced by the dealing number on the title) contains the legal terms of the easement. It specifies what the easement holder can do, what the land owner must allow, and any conditions or obligations on both parties. Order from TitleFinder.
2. The Survey Plan — $85.90
The survey plan shows the physical location of the easement on the lot. It will show the easement as a hatched or shaded area with dimensions. This is essential for understanding exactly which part of your land is affected. Order from TitleFinder.
How Easements Affect Property Development
For anyone planning to build, renovate, or develop, easements create real constraints:
Building Over Easements
Most easements prohibit permanent structures within the easement area. Even if the underground pipe is three metres below the surface, the easement holder has the right to access and maintain their infrastructure — which means they can require you to remove anything you build over it.
Council Development Applications
When you lodge a development application with your local council, they will check the title for easements. Your proposed building footprint cannot encroach on registered easements unless you obtain written consent from the easement holder (which is often difficult and sometimes impossible).
Subdivision
If you are subdividing land, existing easements must be carried forward onto the new lots. The survey plan for the subdivision must show all existing easements, and new easements may be required for services to the new lots (drainage, access, sewerage).
Can Easements Be Removed or Modified?
Easements can be extinguished or modified, but it is not simple:
- Agreement — if the easement holder agrees, a surrender can be registered
- Court application — under the Property Law Act 1974, a court can modify or extinguish an easement if it is obsolete, the proposed modification would not substantially injure the easement holder, and the applicant pays compensation
- Resumption — a government authority can resume land including easements through compulsory acquisition
In practice, removing a council drainage easement or an electricity easement is very difficult. These serve essential public infrastructure purposes and the authorities will rarely consent to their removal.
Due Diligence Steps for Easements
- Order a current title search ($74.50) to identify all registered easements
- Order the survey plan ($85.90) to see the physical location and extent of each easement
- Order dealing instruments ($91.80 each) for every easement referenced on the title
- Contact the easement holder if you plan to build near the easement to understand their requirements
- Engage a surveyor to mark the easement boundaries on the ground if you are planning construction
- Check council records for any additional unregistered infrastructure that may affect the land
Common Easement Mistakes
Assuming you can build over it: Many buyers see an easement on the title and assume it does not matter because there is nothing visible on the ground. Underground pipes and cables are not visible, but the easement rights are real.
Not reading the dealing instrument: The title summary only tells you the purpose and holder. The dealing instrument contains the full terms, including obligations on the land owner that may not be obvious from the title alone.
Ignoring easements in valuation: A large easement running through the buildable area of a lot can significantly reduce its development potential and therefore its value.
Conclusion
Easements are a fundamental part of Queensland property law that every buyer, investor, and developer must understand. They create real restrictions on land use that can affect your plans and your property's value.
Start with a title search from TitleFinder to identify all registered easements, then follow up with survey plans and dealing instruments to understand exactly what they mean for your property.