An easement is a legal right for someone who is not the owner to use or cross part of a property for a specific purpose. It is registered on the title, it stays with the land through every change of owner, and it can quietly dictate what you are allowed to do with the property you are about to buy. Checking for easements before you make an offer is basic due diligence that too many buyers skip.
What an easement does
An easement gives a defined right over part of your land to another party, whether a neighbour, a council or a utility. The classic example is a right of way, which lets someone cross your land to reach their own property. Because the easement is registered on the title, it binds you and every future owner, and removing one is difficult, requiring a formal legal process and the agreement of everyone who benefits from it.
The common types you will encounter
Several types turn up on residential titles. A right of way allows access across your land. A drainage easement allows stormwater to flow across the property and prevents you building anything that blocks it. A sewerage easement gives the council or water authority access to a sewer line running through the block. Utility or infrastructure easements cover electricity, telecommunications, water, gas and the like.
Why they matter to your plans
The practical impact is on what you can build and where. You generally cannot build a permanent structure over an easement, so a drainage easement running through the backyard can rule out the pool, the extension or the shed you had in mind. A wide easement can sterilise a large share of an otherwise good block.
How to check before you offer
Do not rely on what you can see. Easements are shown on the Certificate of Title and on the registered plan. Your conveyancer or solicitor reviews these as part of the contract, which is one reason to engage them before you sign, not after. Crucially, some easements for electricity, water and sewerage are statutory and do not appear on the title at all. For these, a free Before You Dig search identifies underground infrastructure that a title search will miss.
JSC Property Investments covers the due diligence most buyers skip, including what's on and under the title. Book a Kickoff Call with our team and buy with your eyes open.