You may have heard the term easement when buying, renovating or planning work on your property, but what does it mean?
An easement is a legal right that allows Council or another authority to use part of private land for a specific purpose, such as maintaining underground drainage pipes.
Why are easements important?
Easements allow drainage infrastructure to carry stormwater safely through neighbourhoods, reducing flooding risks and protecting homes and streets during rain.
You still own the land, but access must be available when infrastructure needs inspection, repair or upgrading.
Can you build on an easement?
For homeowners, an easement may influence where structures, landscaping or trees can be placed, but everyday use of the land usually continues as normal.
When planning your build or landscaping project near easements, check your Certificate of Title, plan of Subdivision or contact Council for further guidance to see if you have any easements on your property. You must get approval before building over or near an easement, by applying for a Build Over Easement (BOE) Permit.
If you build on an easement without approval, you may be required to remove the unauthorised structure and could receive a formal notice from Council. You will be responsible for removal costs and in more serious situations, legal action may be taken.
Council may also need access to easements to inspect, maintain or repair infrastructure, from time to time. If a structure on the easement prevents access or causes damage to Council infrastructure, the property owner may be asked to cover the associated costs.
Accessing an easement
Only the relevant authority or their authorised contractors can access your property with a consent letter from Council.
You will receive written notice via letter or email either 10 working days before entry, or by mutual arrangement for planned works.
In an emergency Council will make every effort to contact you, but if we're unable to reach you, we may need to enter your property to manage the problem.
Our easement policy
We've updated our Drainage Easement Policy, which clarifies responsibilities for property owners and Council, helping avoid confusion and supporting long-term maintenance of infrastructure.
