The legal definition of an easement is “the right to cross or otherwise use a portion of someone else’s land.” 

This essentially means that you cannot build over that portion of land, for instance, it may be land that contains essential services etc.

It is vital that small developers understand easements as it can have an impact on whether or not, projects will be financially viable.

You can usually find the location of any easements on the title.

The different types of easements can include:

• Shared driveways

• Right of way easement

• An easement for services (essential services like gas, water etc)

• An easement of support ( pipelines, telephone lines etc)

• An easement of light and air ( restrictions on access to views etc)

• Rights pertaining to artificial waterways and sewerage

In the case of easement disputes, it is recommended that you seek independent legal advice as legislation regarding easements can vary, so it is important to source the advice from the state or territory where the property is located.

Also when you are buying a property, it is recommended that you engage a conveyancer or lawyer to determine if any easements are registered on the title and what impact they may have on your use of the land. An easement can only be changed or removed when both parties agree to it and in the case of no agreement being reached, the matter will be settled in court.

Developers will also need to apply to the relevant government department for permission to have an easement changed or removed.