What are easements?

An easement is a specified party's right to use a defined part of another person’s land without owning it. Easements usually protect the rights of utility suppliers to enter the land to maintain their assets.

Easements are a common issue when building in client’s backyards. Most easements contain one or more assets such as sewer mains, storm water mains etc. Some easements do not contain any assets and some assets run through land without being designated by an easement.

Client’s often want to build over an easement. This is usually achievable if the easement is does not contain any assets. An application needs to be lodged with the appropriate authority to build over the easement which attracts a small fee and takes a couple of weeks.

However if the easement contains one or more assets the likelihood of an application to build over being approved reduces dramatically. We would recommend trying to position the unit away from the easement particularly if there is ample space.