Easements on Property Explained: What Victorian Buyers Need to Know
An easement gives someone else a legal right to use part of your land. Understanding easements before you buy a Victorian property can prevent costly surprises after settlement.
One of the most commonly misunderstood items in a Section 32 is the easement. Many buyers either overlook them entirely or don't realise how significantly they can affect the use and value of a property. Here's what you need to know.
What is an easement?
An easement is a legal right that allows someone — usually a utility authority, a local council, or an adjoining property owner — to use a specific part of your land for a specific purpose. The easement is registered on the title and transfers with the property, meaning it binds every future owner.
Importantly, an easement does not give the other party ownership of that part of your land. You remain the owner. But you cannot obstruct, build over, or interfere with the easement area without the consent of the easement holder.
Common types of easements in Victoria
- Drainage and sewerage easements — the most common type, allowing city councils or water authorities to access underground pipes. Often runs along the rear or side boundary.
- Electricity easements — gives AusNet Services or other providers access to power lines or cables crossing the land.
- Gas easements — similar to electricity, allowing access to gas mains.
- Carriageway easements — gives a neighbouring property owner the right to pass over part of your land, typically along a shared driveway.
- Pipeline easements — allows access to water, gas, or other pipelines.
- Right-of-way easements — a general right to pass across part of the land.
How do I find out if a property has easements?
Easements are disclosed in the Section 32 Vendor Statement and are also registered on the certificate of title. They are usually shown on the Plan of Subdivision as marked lines (often labelled E-1, E-2 etc.) with a table describing the type, dimensions, and beneficiary of each easement.
The Section 32 should list all registered easements. If it doesn't, or if the details are vague, your conveyancer can obtain a full title search to confirm what's registered.
Do easements affect what I can build?
Yes — significantly. Most easements prohibit permanent structures over the easement area. This means you typically cannot build a garage, extension, deck, or pool over a drainage or sewerage easement without specific written consent from the easement holder (e.g. City West Water, the council). Even if consent is given, it's often subject to conditions and can be revoked.
Before you buy, check whether any easements run through areas where you planned to build or develop. A 2-metre drainage easement along the rear boundary may seem minor — but it could prevent the extension or granny flat you had in mind.
Can an easement be removed?
Removing an easement is possible but can be complex and expensive. It typically requires an application to the Supreme Court of Victoria or the agreement of the easement holder. In practice, utility easements are rarely removed.
What questions should I ask my conveyancer about easements?
- What type of easement is it, and who holds the benefit?
- What is the exact width and location of the easement on the land?
- Does it affect the area I'm planning to build or renovate?
- Can I build over it with consent, or is it completely restricted?
- Are there any easements not yet registered but planned (e.g. for a nearby development)?
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