Easement on Property Title: What It Means for Melbourne Buyers

You’ve done the Saturday circuit: a quick espresso near the station, a tram clanging past, and three inspections squeezed into two hours. Then you find the one. A tidy terrace in Richmond with a courtyard that catches the afternoon sun.

Your agent sends the contract pack and your conveyancer rings. ‘There’s an easement along the back fence.’ Suddenly you’re picturing pipes, neighbours, and builders telling you what you can’t do with your own backyard.

Take a breath. Easements are common across Melbourne, from inner north terraces to newer townhouses in the west. Most are manageable. The trick is knowing what the easement allows, where it sits on the land, and whether it clashes with the way you want to live in the property.

What an easement really is

An easement is a legal right for someone else to use a defined part of your land for a specific purpose. You still own the land. You can still use it day to day. Yet you can’t do anything that stops the easement holder from using it as intended.

In Melbourne, easements often relate to services and access, such as drainage, sewer, electricity or a shared driveway.

Easements are tied to the land itself, not the current owner. That’s why they show up on title and carry on when the property is sold.

The types of easements you’re most likely to see

Easement wording varies, and the practical impact depends on location and purpose. These are the common ones we see in Victorian contract packs.

A quick reality check: an easement isn’t automatically bad. A drainage easement on a rear boundary of a family home might have little impact. A carriageway through the only usable side access of a small townhouse site can change how the property feels.

Where easements show up in the paperwork

In Victoria, you’ll usually see easements across three places in the contract pack:

• the title search and title plan

• the plan of subdivision or related diagram

• the vendor’s statement (often called the Section 32)

If you’re unsure what these documents are, it’s worth reading what is a Section 32 vendor statement before you get too far into the campaign.

The title and plan

A title search lists registered interests, which can include easements. The plan shows where they sit. On many plans you’ll see shaded or hatched areas, plus references that link to the wording.

If you want a plain English walk through of the process, see how to do a title search in Victoria.

The Section 32 and contract pack

The vendor statement should disclose easements affecting the land. It often attaches the title documents and certificates, yet it can still be hard to picture what it means on the ground.

If you’d like an overview of the common traps in a contract pack, Section 32 red flags Melbourne buyers should watch for is a useful read.

What easements can affect in real life

Most easement questions come back to three practical issues: building, access, and future plans.

Building and renovations

If your longer term plan includes an extension, a studio out back, a larger deck, or a pool, an easement can matter a lot.

Common limits include:

• placing fixed buildings or hard structures over a service easement without consent

• excavating without checking what’s underneath

• planting large trees where roots could damage pipes

There are situations where building near or over an easement can be possible, yet it depends on the easement holder, the type of asset, and the engineering approach. Where an easement relates to Melbourne Water assets, written consent may be needed before building near or over the line, and a building surveyor may want to see that consent before a permit is issued.

Access rights and day to day use

Easement holders often have rights to access the easement area for inspection, maintenance, or repair. For service easements, this may be occasional. For shared driveways, it can be daily.

If it’s an access easement, ask yourself whether the access route matches what you saw on site, and whether you’re comfortable with the privacy and noise side of it.

Outdoor space

A wider easement in a small backyard changes what you can do with the space. Even when you can garden it, you might not be able to put in a permanent pavilion, a solid retaining wall, or a built in barbecue structure.

A quick Melbourne example: you’re looking at a weatherboard in Coburg with a deep block and a big veggie patch out the back. The plan shows a sewer easement running close to where you’d naturally put a new bathroom extension. That doesn’t mean you can’t buy the house. It does mean you should treat your renovation plan as something to test, not something to assume.

If you’re buying a unit or townhouse, the easement might not sit in your private courtyard at all. It may run through common property for shared services. That’s where the owners corporation paperwork becomes part of the story, because it can tell you who maintains what, and whether there have been recent works or disputes.

Easements and covenants are not the same thing

An easement is about someone else’s right to use part of the land for a purpose, such as drainage or access. A covenant is a restriction on what you can do with the land. Both can affect renovations, so it’s worth checking for both.

Red flags that deserve a closer look

Most easements are routine. These are the situations where we usually slow things down and take a closer look before you sign.

• The easement cuts through the middle of the block, not along a boundary.

• Several easements overlap and reduce your workable building area.

• The wording is broad and doesn’t clearly name the service or authority.

• Existing structures appear to sit over the easement, with no clear permit trail.

• A shared driveway is the only access and maintenance responsibility is unclear.

A simple way to assess an easement before you sign

When buyers call us from an inspection, they usually want a straight answer: ‘Is this a problem?’ The best way to get there is a calm, practical check.

Match the plan to the property. Stand where the plan suggests the easement runs. If it’s a driveway, walk it and picture daily use, not just an open for inspection.

Ask what sits under or within the easement. You don’t need to dig. You do need enough detail to judge building limits and the chance of disruption. If you’re planning any excavation, it’s sensible to check service locations first, including through Dial Before You Dig.

Think about your plans. Even if you won’t renovate soon, ask whether a future deck, studio, or pool is on the wish list.

Check the wider contract pack. An easement can sit alongside planning controls, notices, owners corporation documents, and other title restrictions.

If you want a broader sense of what’s normally included in the pack, what conveyancing searches do I need is a helpful starting point.

Easements and auctions: the Melbourne pressure cooker

Easements feel more stressful at auctions because buyers often have less time to ask questions. You’ll see the Section 32 on the agent’s table, and you might get told ‘it’s standard’. Sometimes it is.

In that situation, the best move is to line up a review before auction day. If you need a refresher on the contract itself, what to look out for in a contract of sale covers the practical parts buyers often miss.

Who can help you make sense of it

For most Victorian purchases, a licensed conveyancer or a solicitor can review the contract pack and explain the effect of an easement in plain language. If you’re weighing up your options, is it better to use a conveyancer or solicitorsets out the basics.

Questions worth asking before you put pen to paper

Melbourne buying often moves fast, so it helps to have a short list of questions you can ask at the inspection or in the follow up call.

• Where does the easement sit in relation to fences, drains, the driveway, and any existing sheds or decks?

• Does anyone use the access route regularly, and at what times of day?

• Have there been recent works in the easement area, such as drain repairs or driveway resurfacing?

• If the property is a townhouse or unit, is the easement within common property, and who is responsible for maintenance?

You won’t always get perfect answers from an agent, and that’s normal. The point is to flag what needs checking while you still have time to act on it.

Common questions we hear from Melbourne buyers

‘Can I put a shed over the easement?’

A small, light structure might be workable in some cases if it can be removed and doesn’t block access, yet it depends on the easement wording and the asset involved.

‘Can I plant trees or put in raised garden beds?’

Small garden beds are often fine, yet deep roots and pipes don’t mix. If the easement relates to sewer or drainage assets, choose plantings that won’t cause root intrusion and avoid deep digging until you’ve checked what’s underneath.

‘Will the utility company dig up my yard?’

If works are needed, access is possible. In practice, this tends to be occasional, not constant. The risk is that a repair can be disruptive, and it can happen at the worst time, like just after you’ve done new garden work.

‘What about unregistered easements?’

Some rights can arise through long use or informal arrangements and may not be as obvious on the title. A careful review looks for clues in the vendor statement, the plan, and the way the property is used on the ground.

‘Does an easement mean my property is worth less?’

Not always. Many Melbourne homes have easements that barely affect use, so the market treats them as normal. Value is more likely to shift where an easement changes the use of the space or blocks realistic renovation plans.

The safest next step

If a property has an easement, the goal isn’t to panic. It’s to get clarity while you still have choices.

Pearson Chambers Conveyancing can help you make sense of the paperwork and the on site reality. We offer a complimentary Section 32 contract review so you can spot issues early, ask the right questions, and sign with your eyes open. You can also read about our free contract review conveyancing service.

Email contact@pearsonchambers.com.au to book your review.

This article is general information only and isn’t legal advice.