What Are Easements and Why Do They Matter in Queensland?
When purchasing property in Queensland, one of the most critical details to check on a Certificate of Title is whether any easements are registered against the land. Easements can significantly affect what you can and cannot do with your property, and failing to identify them before purchase can lead to costly surprises.
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.
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 property title and remain attached to the land regardless of ownership changes.
Common Types of Easements in Queensland
Drainage Easements
These are among the most common easements found on Queensland titles. Local councils and the state government register drainage easements to ensure stormwater and sewerage infrastructure can be maintained. If your property has a drainage easement, you typically cannot build permanent structures over it.
Access Easements (Right of Way)
Access easements grant neighbouring properties or utility providers the right to cross your land. This is particularly common in rural Queensland and subdivisions where landlocked lots need guaranteed access to public roads.
Electricity and Telecommunications Easements
Energex, Ergon Energy, and telecommunications providers often hold easements for power lines, underground cables, and other infrastructure. These easements restrict building within certain distances of the infrastructure.
Party Wall Easements
Common in townhouse and duplex developments, party wall easements address shared walls between adjoining lots. They outline maintenance responsibilities and access rights.
How Easements Appear on a Queensland Title
When you obtain a Current Title Search from TitleFinder, easements are listed in the "Easements, Encumbrances and Interests" section. The entry will typically reference a dealing number (e.g., "Easement in Gross No. 71234567") which identifies the registered instrument containing the full terms.
To understand the exact conditions of an easement, you need to obtain the Image of Dealing Instrument — the original registered document that sets out the rights, obligations, and boundaries of the easement. At TitleFinder, you can order this for $91.80 AUD.
Why You Must Check Easements Before Buying
Here is why easement checks are non-negotiable in property due diligence:
- Building restrictions: Many easements prevent construction of permanent structures, pools, or even fences within the easement area.
- Development limitations: If you plan to subdivide or develop, easements can reduce usable land area or require costly relocation.
- Access obligations: You may be required to allow third parties onto your property for maintenance, which affects privacy and security.
- Value impact: Properties with significant easements may be valued lower, affecting your investment returns.
- Insurance implications: Building over an easement without approval can void insurance and result in demolition orders.
How to Investigate Easements Thoroughly
Step 1: Order a Current Title Search
Start with a Current Title Search from TitleFinder for just $74.50 AUD. This will reveal all registered easements, their dealing numbers, and the parties involved.
Step 2: Obtain the Dealing Instrument
For each easement listed, order the Image of Dealing Instrument at $91.80 AUD to read the full terms and conditions. This document specifies exactly what is permitted and prohibited within the easement area.
Step 3: Review the Survey Plan
Order the Survey Plan for $85.90 AUD to see the exact location and dimensions of the easement on the property. This visual reference is essential for understanding how much of your land is affected.
Step 4: Check with the Local Council
Contact your local council to confirm whether any additional unregistered easements or planned infrastructure may affect the property.
Can Easements Be Removed or Modified?
Yes, but it is not simple. In Queensland, easements can be modified or extinguished through:
- Agreement: All parties agree to vary or release the easement, which is then registered with the Titles Registry.
- Court order: Under the Property Law Act 1974 (Qld), you can apply to the court to modify or extinguish an easement if it is obsolete or unreasonably burdensome.
- Resumption: The government can extinguish easements through compulsory acquisition processes.
The process involves legal fees, surveying costs, and registration fees, so it is important to factor these into your decision-making.
Protect Your Investment with Proper Title Searches
Understanding easements is a fundamental part of Queensland property due diligence. Whether you are a first-home buyer, investor, or developer, knowing exactly what encumbrances exist on a title can save you from expensive mistakes.
At TitleFinder, we make it easy to access the documents you need. Order your Current Title Search today and ensure you have complete visibility over any easements before you commit to a purchase.
