Easements explained

Easements come in many shapes and forms. Generally it gives one person the right to use another person’s land for a particular purpose, and are recorded on the properties certificate of title. There are private easements between individuals for services and access, and ‘Easements in Gross’ which are in favour or councils or corporations.

A common easement is a ‘Right of Way’ which allows a person to travel across another person’s land to get access to there property. The Right of Way area must be kept clear and you can’t block that persons use of the Right of Way by parking vehicles on the Area of land defined as the Right of way area.

The easement area is usually defined on a survey plan, but some older easements are shown on a diagram in the certificate of title. There is an easement document recorded on the certificate of title, and prepared by a solicitor that records the specific details of the easement, and obligations.

Easements can be created, changed, and surrendered. Generally easements are created at the time of subdivision of a property, but can be created at any time.  It pays to talk to your surveyor and solicitor if easements effect your property and what they mean for each party, or you require an easement to be created.