What is an Easement? | By Daniel Simone
An easement is a part of land that allows councils or utility company to legally use a landowner’s property for a particular purpose. An easement can have an effect of restricting a landowner’s use of the part of the land affected by the easements.
When purchasing a property or block of land, it is common for there to be an easement. Easements are registered on the title of the property and remain even when the land is bought or sold.
Why are easements necessary?
There are many purposes including:
- Supply of electricity,
- Sewer and water mains,
- Supply of gas,
- Pathways or walkways,
- Access roads, and
- Party walls
Where possible, water and power infrastructure are located within the road reserves. In most cases, these are located near the front boundary of the property without the need for an easements.
A simple search through the Land Titles Office will determine whether an easement is registered on the Certificate of Title to your land. Even where there is an easement on a block of land, the entire lot remains in the title holder’s ownership. It doesn’t matter who owns the land because the rights of the easement are attached to the land itself.
You are allow to make improvements to areas on or around an easement (Photo). Put up a garden shed (no permanent concrete base), Brick pave the area, Vegie garden and Lawn and other small vegetation. Regardless, the design of your garden or improvements must allow for possible ground subsidence or removal if maintenance work is required. However, trees that develop vast and invasive root systems are not appropriate to plant on or near an easement.