Easements: What are they and how do they affect you?

By Pamela Wardle, Legal Practitioner Director

You may have heard the term “easement” when purchasing or selling land.  Easements may burden your land (allow someone else to use your land) or benefit your land (allow you to use someone else’s land).  There are many different reasons an easement may be registered over land, such as to provide access, convey water, electricity, gas, telecommunications etc.  Easements may be registered for government purposes (such as for Powerlink or local authorities) or between private landowners.

The terms of easements are as many and varied as blocks of land.  If an easement burdens your land, generally, you may be required maintain the easement area (such as mowing) and keep it free from debris.  Easements also often restrict the types of structures the owner of burdened land can build in the easement area. 

You may also have obligations if an easement benefits your land. You may be jointly responsible for maintaining the easement area, particularly if the easement is for access purposes.  You may be required to keep it free from debris, maintain any tracks or repair any works in laying or excavating conduits or pipes.

It is important to investigate the area and terms of an easement before purchasing or leasing any land so you are clear as to what are your obligations and so you may avoid disputes with any neighbours.  Contact our office to discuss any concerns you may have in relation to easements on your land or on land you intend to purchase or lease.