Easements on Property
What an easement means for a buyer, an owner or a neighbour
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An easement gives someone else a right over part of your land: to run a sewer or drain through it, to cross it, or to stop you building in a particular spot. It stays with the land when it is sold, so a buyer takes it on whether or not they read the title.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on property in every Australian state and territory.

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Common easements
- Drainage and sewerage. Often run along a rear or side boundary. You usually cannot build over them without approval from the authority.
- Right of carriageway. A right for a neighbour to cross your land, common with battle-axe lots and shared driveways.
- Services. Electricity, gas, water and telecommunications.
- Support, light and air, and easements for overhanging eaves or walls on small lots.
Why it matters when buying
- It can stop you building a pool, extension, garage or granny flat where you planned.
- A right of way can mean neighbours crossing your land, and shared maintenance costs.
- It can affect what a lender will lend and what the property is worth.
Easements are shown on the title and the plan, and in NSW the terms are often in a separate instrument known as a section 88B instrument. Read them before you sign.
Creating, changing or removing an easement
Easements can be created by agreement and registration, on subdivision, or in some cases by court order. In NSW, for example, the Supreme Court can impose an easement under section 88K of the Conveyancing Act where it is reasonably necessary for the development of land. An easement that is no longer used can sometimes be released by agreement or removed by order. Each needs the right documents and, often, the agreement of the other owner and any lenders.
What clients say
“Wisam has been my solicitor for both purchasing and selling my property.”
Glenn Johnstone, Google review
Questions about easements
Can I build over an easement?
Usually not without approval from whoever benefits from it, such as the water authority for a sewer easement.
Does an easement stay when the property is sold?
Yes. A registered easement binds future owners.
How do I find out if a property has an easement?
The title search and plan show registered easements. In NSW the terms are often in a section 88B instrument.
Can an easement be removed?
Sometimes, by agreement and registration or by court order. It depends on the type of easement and who benefits from it.
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