The What, Who, Why and How of Easements: A Queensland Property Owner's Guide
Easements are among the most common interests affecting land in Queensland. Whether you are buying, selling, developing, or simply owning property, understanding what an easement is, who it affects, and why it exists can be critical. Easements can impact how land is used, accessed and developed, making them an important consideration for any property owner.
What is an Easement?
An easement is a legal right that allows one person to use another person's land for a specific purpose, even though they do not own that land.
Easements generally "run with the land", meaning they remain in place and continue to bind the land even if ownership of the property changes.
Who is affected by an Easement?
An easement typically involves two parties: -
1. The owner of the burdened land (servient tenement): This is the property over which the easement exists. While the owner retains ownership of the land, their use of the affected area may be restricted so as not to interfere with the right of the other party to use the easement area.
2. The owner of the benefiting land (dominant tenement): This is the property that enjoys the benefit of the easement. The owner is entitled to exercise the rights granted by the easement, provided those rights are exercised reasonably and only for the purpose for which the easement was created.
Not all easements benefit neighbouring land. Some easements are granted in favour of government authorities (i.e., local councils). These are commonly referred to as easements in gross and are often used to allow access to maintain public infrastructure such as water mains or sewer lines.
Why do Easements Exist?
Easements serve an important practical purpose by allowing land to be used efficiently while balancing the rights of neighbouring landowners.
A common example is a driveway easement which allows the owner of one property to travel across a neighbouring property to access a public road. Another common example is a drainage easement that permits stormwater pipes to run through a neighbouring lot.
How do I know if my property has an Easement?
The easiest way to determine whether a property is affected by an easement is by reviewing the property's title and any registered easement documentation.
If you are purchasing property, undertaking renovations, or planning a development, it is important to understand exactly what rights exist and how they may affect your intended use of the land.
Need Advice?
Easements can significantly affect the use, value and development potential of a property. Whether you are purchasing land, negotiating access rights, creating a new easement, or resolving a dispute, obtaining legal advice early can help avoid costly issues later.
Our property law team can assist with reviewing titles, preparing and registering easement documentation, negotiating easement terms, and advising on your rights and obligations under existing easements.