Easement

An easement is a registered right allowing one party to use part of another's land for a specific purpose, without owning it.

Common types

• Right of way — access across a neighbouring property, common with rear sections and cross-lease sites
• Drainage and services — pipes, cables or drains crossing the land
• Right to convey water, electricity or telecommunications
• Right of support — for retaining walls or shared structures

Why investors should care

Easements can materially constrain development. A drainage easement running through the middle of a site can prevent building over it, which may make a subdivision or minor dwelling unfeasible.

They also come with obligations. A shared right of way usually carries shared maintenance responsibilities, and disputes with neighbours over upkeep and use are common.

Where to find them

Registered on the record of title, with the terms often in a separate registered instrument or an easement certificate. Read the actual instrument, not just the summary on the title.

Common misunderstanding

Easements run with the land, not the owner. They bind you when you buy and continue after you sell.

An easement in gross favours a person or body rather than another parcel — utility easements commonly work this way, and cannot be negotiated away with a neighbour.

Check for easements before assuming a site can be subdivided or built on. This is a frequent and expensive surprise.

Related terms

Last reviewed: 1 August 2026 · ---

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