Easements on my property – what are my legal rights?

Whether you are a landowner of city, rural or suburban property, easements on a property are an inescapable necessity.

Here we unpack some common questions about easements to help you understand your rights and obligations as the landowner and when to seek expert legal advice from an easement lawyer:

What is an easement?

An easement is the legal right to enter or use a section of land for a particular purpose by a party who is not the landowner.

In general, there are two types of easements: positive easements and negative easements. As their names suggest, positive easements are to provide access (e.g. a shared driveway through your property) while negative easements restrict access or a specific activity on that section of land (e.g. to prevent building a structure).

Within these 2 categories are a number of more specific types of easements, each of which provide clear and strict guidelines about what the easement is intended for.

How do I find out if there is an easement on my property?

Under the Land Title Act 1994 (Qld) all easements must be registered. This means you can easily find out if there is an easement on your property by doing a title search through the Titles Office.

While you don’t need a lawyer to do a title search, it’s important to seek expert legal advice to help you understand how you may be impacted by the easement and the rights the easement holder has. An easement lawyer will also be able to secure your rights and negotiate on your behalf in the event that there is a dispute around the access or other permissions covered by the easement.

How close can you build to an easement?

This will depend on:

• the type of easement on your property;

• the easement guidelines relevant to your land; and

• the easement holder that you need to consult with.

While you are the landowner, you will need to seek permission from the easement holder before commencing any building, landscaping or other types of works.

Before you get started, here are a couple of key things to be aware of:

• If your structure or landscaping is blocking or covering the easement, it may get damaged or removed by the easement holder during their required works.

• Some trees and plants are known to damage pipes within easements, so it’s best to avoid planting these near the easement to ensure you’re not breaching your legal obligations.

How do I remove an easement from my property?

There are a number of ways an easement can be removed from a property, but again this will come down to the specific circumstances surrounding the easement on your property.

It’s best to speak to an expert easement lawyer as they will be able to provide tailored advice specific to the easement on your property and negotiate the best possible outcome on your behalf.

Are there expert easement lawyers near me?

Our team of Landholder Compensation Lawyers are land dispute experts who have a proven track record of helping landowners like you to understand your rights and achieve the best possible outcomes.

We are experienced with navigating the legal process surrounding easements and understand the connection you have to your property beyond the bricks and mortar. Our team will be with you through each step of the process to reduce the stress of negotiations and provide expert advice to help you secure the best result.

Contact our expert easement lawyers today to arrange an obligation free consultation to discuss your circumstances further. Protecting your rights and entitlements is what our team does best.