Easement on Title in QLD: The Rights You Didn't Know Came with the Land

Plain English Definition

An easement is a registered right that allows a third party (such as a neighbour, council, or utility company) to use a specific portion of your land for a defined purpose. Common examples include drainage easements, access easements (right of way), powerline easements, and sewerage corridor easements. Easements are registered on the property's title and bind every future owner — including you.

The Danger Zone: Buyer's Risk

Easements are permanent encumbrances — failing to check them before buying is a costly mistake:

• You cannot build over easements — A drainage or sewerage easement running through your backyard blocks you from adding a pool, granny flat, or extension in that area. This can dramatically affect the property's development potential.
• Right of way easements — A neighbour may have a registered right to drive across your driveway or footpath. You cannot block this even if you buy the land.
• Powerline easements — High-voltage electricity easements can restrict what you plant or build and carry safety restrictions.
• You still own the burdened land — But you cannot block the easement holder's use. You're paying for land you partly can't control.
• Easements are not always visible — They don't show up on Google Maps or a casual inspection. You must read the title search and the registered easement document.

Real-Life QLD Scenario

Nina purchased a corner block in North Brisbane, planning to build a secondary dwelling at the rear. After settlement, her builder discovered a 3-metre-wide council drainage easement running across the entire back third of the block. The council's easement prohibits any permanent structures within its boundaries. Nina's granny flat plans were completely blocked. The easement was clearly noted on the title search — but neither Nina nor her agent had reviewed it carefully before exchange.