Understanding Easements in Victoria

Easements are one of the most common and misunderstood features that appear on a property title in Victoria. While they don’t stop you owning the land, they can restrict what you can do with it — and failing to understand them can lead to costly mistakes.

As explained by David Dawn, Licensed Conveyancer at Victorian Property Settlements, an easement is a legal right held by someone else over a portion of your land — and it stays in place even when the property changes hands.

What is an Easement?

An easement is a registered right to use a part of someone else’s land for a specific purpose. It allows that other party (such as a neighbour, utility company or Council) to access or use part of the land in a way that affects your ownership.

Easements are created and protected under the Subdivision Act 1988 (Vic) and the Transfer of Land Act 1958 (Vic).

They are almost always registered on title, and usually appear on the Plan of Subdivision as a burden on one lot and a benefit to another.

Common types include:

  • Drainage easements (for stormwater, sewer, or waste pipes)

  • Right of way easements (allowing access for a neighbour’s driveway)

  • Service easements (gas, electricity, telecommunications)

  • Party wall easements (shared boundary structures)

Where do you find Easements?

Easements are found on many titles in Victoria — especially in:

  • New subdivisions where services are run across back fences

  • Older inner-suburban properties with shared laneways or rear access

  • Rural and regional blocks where adjoining landowners rely on shared access

  • Properties adjacent to public land or utilities

Easements are shown in:

  • The Title Plan or Plan of Subdivision

  • The section 32 Vendor Statement, under the heading "Encumbrances"

  • Sometimes in old instruments lodged with Land Use Victoria

Idiosyncrasies of Easements

  • You cannot build permanent structures over most easements — including garages, brick fences, pools or extensions

  • Councils may refuse to approve a building permit if it infringes on an easement

  • Some easements are implied or unregistered — such as long-used shared access paths

  • Underground pipes or infrastructure may exist even if you don’t see anything on the surface

Just because something is there now doesn’t mean it was allowed — and it could create liability if it interferes with the easement’s function.

How do Easements differ from other interests?

  • Unlike Covenants, easements allow action (access or use), not prohibition

  • Unlike Caveats, easements are not warnings — they are enforceable rights

  • Unlike Adverse Possession, easements do not result in ownership

  • Easements are not optional — they run with the land and bind all future owners

Benefits of Easements

✅ Allow infrastructure to operate efficiently across lot boundaries

✅ Facilitate access for neighbours and essential services

✅ Reduce the need for costly land resumptions or subdivisions

✅ Can protect long-standing access rights in laneway suburbs or rural areas

Drawbacks and risks

🚩 Reduce usable land area — you may not be able to build on or over them

🚩 May impact development plans or resale value

🚩 Can cause disputes over misuse or blockage of access

🚩 Hidden costs — you may be liable for maintaining some easements (e.g. shared driveways)

Key Takeaway

Every purchaser should check the title and plan for easements — and understand exactly how they affect the use of the land. Even if you think “it’s just a pipe,” the law gives that right real force, and ignoring it can cost you.

📞 Not sure what the easement means?

We’ll review your title, check the plan, and advise you before you sign the contract — or if you’ve already bought and want to know what you’re allowed to do. Don’t assume a fence or shed is legally placed just because it’s there now.