What Are Easements and How Do They Affect Property?
You might assume you can do anything with every part of your land — but easements often say otherwise. So what is an easement in property, and do easements affect property value? This article explains.
What is an easement in property?
An easement is a right allowing someone to use part of another person's land for a specific purpose, even though they do not own it. The burdened land is "servient"; the benefiting land is "dominant". Easements are usually registered on the title and "run with the land", binding future owners.
Common types
Common easements include a right of way (allowing passage across the land), drainage and sewer easements, easements for services like electricity and water, and easements for support of neighbouring land or buildings.
Do easements affect property value?
They can, in either direction. A burdensome easement — for example one that sterilises an important part of the land, or allows significant access across it — may reduce value or limit development. An easement that provides essential access or services can be vital, and even increase usability. The impact depends on the type, location and terms, which is why easements should be checked before you buy.
Frequently asked questions
What is an easement in property?
It is a registered right allowing someone to use part of another person's land for a specific purpose, such as access, drainage or utilities. It runs with the land and binds future owners.
Do easements affect property value?
They can. A burdensome easement may reduce value or limit development, while one providing essential access or services can be important to the property's use.
Can I build over or remove an easement?
Generally you cannot build over an easement, and removing one can be difficult — often requiring agreement or a Court order. Always check for easements before buying or building.
Check the title with Leyden Legal
Easements are easy to overlook and hard to undo. Leyden Legal can review the title, explain any easements, and advise how they affect your plans. We assist property owners across Tamworth, Manilla and the North West.
Contact Leyden Legal today for advice on easements.
This article provides general information only and is not legal advice. Easements depend on the title and circumstances. Please seek tailored legal advice before acting.
