Easements are specific rights granted over a property. The idea of easements is to create provisions on land titles for a range of public works like drainage, electricity supplies, and water supplies. Easement rights are typically owned by public authorities to allow access, maintenance and construction work for these services.
Please note: Rights of way, Travelling Stock Routes, road reserves and other encumbrances on title are not easements. They may look like easements, but they confer very different rights.
Many easements are unobtrusive and won’t create physical obstacles on your property. Some easements, however, like drainage, may involve large drains, canals, and stormwater management facilities.
Easements may also include some restrictive title issues. Large easements or multiple easements may encumber your property with a range of title constraints which limit building and other activities.
It’s important to understand that current functional easements generally cannot and will not be removed from title. These operational easements are necessary to provide legal rights and physical access for the owning authorities. Removal is not a viable option.
Obsolete easements, left over on title from the past but no longer current, may be easy to remove. Councils and other authorities can assist with managing title amendments. This process is quite straightforward.
Some easements, like corner easements on property boundaries, can be excised from titles relatively easily. You can simply request the owning authority to formally acquire the easement, which removes it from your title.
Similarly, you can request large easements to be acquired. This type of major title alteration, however, may result in an actual separation of property, effectively subdividing blocks and creating possible access issues. If viable, a separate title may need to be created for the excised part of your property.
Please note: Councils and owning authorities are not obliged to agree to acquisition unless the easement has been formally scheduled for acquisition. They may voluntarily agree, in some cases.
The best way for landowners to approach title and legal issues is with expert guidance. Title experts can provide invaluable advice and help you explore your title remediation options.
Arnold Development Consultants can assist with the examination of easements and title issues in Queensland. Contact us online or ring your closest Arnold Development Consultants office to speak directly to one of our consultants about your issues.
I have a right of access easement burdening my land, the lot owner it pertains to has entered the property to erect Airconditioning units above my land. The easement states it is for ingress and egress and is only 2m wide. Does it extend into the air or only ground level.
admin Mar 18, 2020 - ReplyHi Neil, thank you for your comment. If you still require services or advice please feel free to call (07) 3333 1985 or email mail@adcqld.com.au and we would be happy to help.
Helen Chadbone Aug 31, 2019 - ReplyI have an easement on my property with an above ground water pipe and an underground desalination water pipe, are the general public allowed to walk through this easement?
admin Mar 18, 2020 - ReplyHi Helen, thank you for your comment. If you still require services or advice please feel free to call (07) 3333 1985 or email mail@adcqld.com.au
Paul Edmanson Jan 18, 2020 - ReplyHi
I would like to find out who is responsible for a particular easement and the correct procedure to have the easement repaired and maintained. My name is Paul Edmanson.
I bought warehouse unit 9, 11 John Duncan Court, Varsity Lakes Qld 4227, which settled on Thursday 16th January 2020 and flooded on Friday 17th January 2020. The reason for the flooding is due to the easement beside the warehouse, which has been filled in and with dirt and rubbish by the neighbouring property, which is on the higher ground. The easement ground level is now raised so high that the water travels over my buildings retaining wall; which is suppose to guide water to the stormwater drain and prevent water ingress into my warehouse unit. I would like to find out who is responsible for the easement in question and the correct procedure to have this land corrected and maintained, to ensure there are no further risk of flooding. Please let me know if you require any further information.
If someone could call me to discuss the matter, it would be much appreciated. Thank you kindly Regards
Paul Edmanson
+61 437 597 576
Hi Paul, thankyou for your comment. If you still require services or advice please feel free to give us a call (07) 5593 4099 or email mail@adcqld.com.au
Adam Mar 24, 2021 - ReplyHi,
I have a 2.5 acre property in Beerwah, that has an old easement registered from 1983 when a privately owned power line once ran to power a neighbours lychee irrigation pump. The lychee farm has long since gone and the power lines removed some 20 years ago. There is no remnant infrastructure on my property.
How do I go about having the easement removed from my property, and is it an expensive exercise?
Cheers
Adam
Dear Adam, Thank you for leaving a comment on our post. In relation to your enquiry an easement can be extinguished but you would need to speak with the registered property owner that the easement is in favour of. If they agree that the easement is not required moving forward then you could move forward. You would have to pay for lawyers to amend each property’s Titles. We can refer you to a Commercial Property Lawyer should you retrieve an agreement from the neighbour. Kind Regards, Arnold Development Consultants
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