What Are Easements and Why Do They Matter?
An easement is a legal right that allows someone other than the property owner to use part of the land for a specific purpose. In Queensland, easements are registered on the Certificate of Title and can significantly affect what you can build, where you can build it, and how you use your property.
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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 a critical part of property due diligence.
Types of Easements in Queensland
Drainage Easements
These are among the most common easements in Queensland. They allow stormwater or sewerage infrastructure to pass through private land. Local councils and utility providers typically hold these easements.
Drainage easements often run along side boundaries or through the rear of properties. Building over a drainage easement is generally prohibited, which can reduce the usable area of your lot significantly.
Access Easements (Right of Way)
An access easement grants a neighbouring property or third party the right to cross your land. These are common in battle-axe lots, rear properties, and rural subdivisions where direct road access is not available to every lot.
If you are buying a property with an access easement, consider the practical impact: vehicles driving across your land, maintenance obligations, and potential disputes with the benefiting party.
Electricity and Telecommunications Easements
Utility providers such as Energex, Ergon Energy, and Telstra may hold easements for power lines, underground cables, or telecommunications infrastructure. These easements restrict building and excavation within the easement corridor.
Party Wall Easements
Common in townhouse and duplex developments, party wall easements allow shared walls between adjoining lots. They set out maintenance responsibilities and structural obligations for both owners.
Water Supply Easements
Urban Water (or the relevant water authority) may hold easements for water mains running through private property. Like drainage easements, building over water supply easements is restricted.
How to Find Easements on a Queensland Title
Easements are recorded in two places on a Queensland Certificate of Title:
- The encumbrances section — lists all registered interests including easements, with dealing numbers for each
- The survey plan — shows the physical location and dimensions of each easement on the lot
To get the full picture, you need both documents. Order a current title search from TitleFinder for $74.50 AUD and the corresponding survey plan for $85.90 AUD.
Reading Easement Details
The title will reference each easement by its dealing number. To understand the specific terms, conditions, and parties involved, you need to order the dealing instrument.
A dealing instrument ($91.80 AUD through TitleFinder) is the original registered document that created the easement. It contains:
- The purpose of the easement
- The benefiting and burdened parties
- Any conditions or restrictions
- Maintenance and repair obligations
- Whether the easement can be extinguished or varied
How Easements Affect Property Value and Development
Reduced Buildable Area
Easements reduce the area where you can construct buildings, pools, sheds, and other structures. A 3-metre drainage easement along the rear boundary of a 600-square-metre lot effectively removes 45 to 60 square metres of usable space.
Development Application Complications
Council will assess your development application against easement locations. Proposals that encroach on easements require consent from the easement holder, which is not always granted and can delay approvals significantly.
Resale Considerations
Properties with multiple or wide easements may be less attractive to future buyers, particularly developers. Disclosing easements early in the sales process builds trust but can affect the sale price.
Can You Build Over an Easement?
Generally, no. Building over an easement requires written consent from the easement holder (typically the council or utility provider). Some authorities will grant consent for minor structures like fences or carports, but permanent buildings are almost always refused.
If you need to build in an area affected by an easement, consult with your engineer and solicitor first. They can advise on whether consent is achievable and what conditions might apply.
Can Easements Be Removed or Changed?
Easements can be surrendered, varied, or extinguished, but the process requires agreement from the easement holder and registration of a new dealing with the land registry.
A historical title search ($86.50 AUD through TitleFinder) can show whether easements have been added, varied, or removed over time, giving you context for any current negotiations.
Practical Tips for Buyers
- Always order the survey plan — the title tells you easements exist, but the plan shows exactly where they are
- Read the dealing instruments — understand the specific terms, not just the existence of the easement
- Check with council — confirm whether the easement affects your intended use or planned renovations
- Factor easements into your offer — a property with significant easements may justify a lower price
- Get legal advice — a solicitor experienced in Queensland property law can identify risks you might miss
Start Your Easement Research
Understanding easements starts with a thorough title search. Visit TitleFinder to order your current title ($74.50), survey plan ($85.90), or dealing instruments ($91.80) and build a complete picture of what encumbrances affect the property you are considering.
