What is an Easement?

An easement is a legal right that allows a person, organisation or authority to use part of another property for a specific purpose. Easements are recorded on your property's Certificate of Title. You can obtain a copy of your title through Landgate, or speak with your settlement agent or property solicitor.

Although you own the land, an easement may place restrictions on how that part of the property can be used or developed.

Easements are commonly used for infrastructure such as sewer, drainage, water, electricity and access arrangements. In the Shire of York, easements are often used to provide access to properties. The location and width of an easement will generally be identified on the property's title documents. For example, an easement may consist of an 8-metre-wide gravel access track across a rural property that allows another landowner to access their land through yours.

Concerns or disputes relating to easements are generally civil matters between the affected landowners. However, the Shire recommends the following:

1. Do not obstruct an easement

A person or property owner who benefits from an easement has a legal right to use it for its intended purpose. Easements should not be partially or fully obstructed by fences, gates, structures, vehicles, vegetation or other barriers that prevent lawful access.

2. Understand your responsibilities

Responsibilities for maintaining an easement can vary depending on the type of easement and the legal agreements attached to it. In many cases, the parties who benefit from the easement are responsible for maintaining it. However, the owner of the land burdened by the easement may also have responsibilities to ensure the easement remains accessible and unobstructed.

For example, a property owner who regularly uses a gravel access easement may contribute to its maintenance, while the landowner may be responsible for managing vegetation, fencing or other features that interfere with lawful access.

3. Communicate with affected landowners

Good communication can help prevent disputes and maintain positive relationships between neighbours. If you intend to undertake works within an easement area, such as grading an access track or clearing vegetation, you should discuss these activities with any affected landowners beforehand.

Need more information?

If you require information about an easement affecting your property, you should consult your Certificate of Title and any associated easement documents. Independent legal advice may be required if there is uncertainty regarding rights, obligations or access arrangements.