Easements on a property title: what they are and how to check

An easement burdens one piece of land for the benefit of another lot, or of an authority such as a council or water utility. One that benefits an authority rather than a neighbouring lot is called an easement in gross. You still own the land underneath and can usually use it in ways that don't interfere with the easement.

• Drainage and sewer easements for pipes and stormwater.
• Services: power, water, gas or telecommunications.
• Right of way, called a right of carriageway in NSW: access over a shared driveway or strip of land.
• Support or maintenance access along a boundary wall.

• NSW: in the Second Schedule, usually quoting the plan number. Most were created by an 88B instrument lodged with the plan.
• VIC: titles often don't list each easement. They point to the plan under Diagram Location, and the easements (labelled E-1, E-2 and so on) are shown on the plan of subdivision.
• QLD: under Easements, Encumbrances and Interests, with the easement's dealing number and whether it burdens or benefits the land.
• WA: in the Second Schedule. SA: in the Easements field. TAS: in Schedule 2, and the search includes the face plan.
• ACT and NT: listed with the title's registered dealings, such as a sewerage easement to the water authority.

1. 1Order a title search. It lists every registered easement with its dealing or plan number.
2. 2Get the registered plan to see where each easement runs and how wide it is.
3. 3Get the instrument (an 88B in NSW, or the easement document elsewhere) for the terms: who can use it, for what, and who maintains it.
4. 4Check the sewer diagram and Before You Dig Australia for pipes and services that may not be on the title.

Generally not without the consent of whoever benefits from it. Water utilities run their own approval process for building over or near their pipes (Sydney Water's is through its Tap in service), and your council or certifier will check easements when they assess your plans.

Lighter structures such as fences, paving or gardens are often allowed, but they may have to be removed if the authority needs access. If an easement is in the way of a build, a solicitor can tell you whether it can be moved, varied or released.

These are 2026-27 registry fees. Title Registry doesn't sell plans or registered documents yet. At launch we sell the title search, which lists every easement and its number, and the Title + Full Report, which explains each entry, flags anything unusual and lists questions to ask (not available for WA, or for Queensland yet).