Easements and restrictions on title. The seven you may find, and what each means.

A title search is the legal foundation of any property purchase. Among the standard registered items - owners, mortgages, caveats - the search reveals easements and restrictions that can substantially constrain how the property can be used.

This post explains the seven most common easements and restrictions, what each means in practice, and how to assess their impact on planned use.

Type 1: drainage easements

The most common easement on residential property. Provides council or utility the right to maintain stormwater drainage infrastructure crossing the lot.

What it does

• Council or utility has right to access for maintenance
• Construction over the easement typically prohibited
• Vegetation removal may be permitted (council's right to maintain)
• Easement typically 1-3m wide

Practical implications

• Reduces buildable area
• Affects landscape and garden design
• Building extensions may need to be over or around the easement
• Resale value impact: minor in most cases

When it matters most

When the easement crosses the primary building zone of the lot, constraining the dwelling footprint. For a 600sqm lot with a 3m wide drainage easement crossing diagonally, the buildable area may be reduced by 60-100sqm.

Type 2: sewer easements

Similar to drainage easements but for sewer infrastructure.

What it does

• Sydney Water, Hunter Water, or equivalent utility has right to access
• Construction over the easement strictly prohibited (heavier sewer infrastructure)
• Tree planting restrictions (roots damage infrastructure)
• Easement typically 1.5-3m wide

Practical implications

• Reduces buildable area more than drainage easements (heavier infrastructure)
• Pool installation often prohibited over easement
• Major extensions require utility approval

When it matters most

When the easement runs through the rear of the lot where extensions or pools would typically be placed. Substantial extensions may not be feasible.

Type 3: power easements

Provides electricity distributor (Endeavour Energy, Ausgrid, Energy Queensland, etc.) right to maintain power infrastructure.

What it does

• Distributor has right to access overhead or underground power infrastructure
• Construction near or under power lines restricted
• Tree planting restrictions near power lines
• Easement typically 5-10m wide for overhead, narrower for underground

Practical implications

• Substantial reduction in buildable area if overhead transmission line crosses
• Health and amenity concerns for some buyers about proximity to high voltage
• Construction near distribution lines may require specific approval

When it matters most

When high-voltage transmission line crosses the lot (rare but consequential). Lots near major substations or in transmission corridors are affected.

Type 4: pedestrian access easements

Provides public or neighbouring property right to pedestrian access.

What it does

• Adjoining property or public has right to walk through defined corridor
• Construction over the corridor prohibited
• Some easements require continuous access (no gates or barriers)
• Easement typically 1-2m wide

Practical implications

• Reduces buildable area
• Privacy implications (people walking through)
• Security implications (uncontrolled access)
• Resale impact: typically negative

When it matters most

When the easement crosses through the lot's primary use area, affecting privacy and security. More common on battle-axe lots and shared driveway arrangements.

Type 5: right of way easements

Provides vehicle access to adjoining property through your lot.

What it does

• Adjoining property has right to drive across defined corridor
• Often combined with shared driveway arrangements
• Construction over the right of way prohibited
• Maintenance often shared between affected properties
• Easement typically 3-5m wide

Practical implications

• Substantial restriction on the affected portion of the lot
• Shared maintenance obligations with neighbours
• Potential for disputes about use, parking, vehicle types
• Often affects battle-axe lot configurations

When it matters most

When the right of way passes through the front of the lot, affecting curb appeal and street presentation. Or when shared maintenance obligations are unclear.

Type 6: positive covenants

Obligations imposed on the landowner by registration on title. Typically imposed by:

• Council as condition of subdivision
• Developer as condition of estate development
• Body corporate for community schemes

What they do

Common positive covenants:

• Maintenance of landscape buffers
• Maintenance of stormwater treatment infrastructure
• Maintenance of specific built elements (e.g. specific fence type)
• Compliance with architectural controls
• Restrictions on subletting or short-term letting

Practical implications

• Ongoing obligations that pass with the title
• May involve specific maintenance costs
• May restrict use in ways the buyer did not anticipate

When it matters most

In master-planned communities and estate developments where covenants enforce design controls, materials, and use restrictions. Some covenants are very specific (paint colour, plant species).

Type 7: restrictive covenants

Negative obligations restricting what the landowner can do.

What they do

Common restrictive covenants:

• Single dwelling restriction (no subdivision)
• Maximum dwelling size or height
• Specific architectural style requirements
• Material restrictions
• Use restrictions (no commercial, no short-term letting)
• Front fence restrictions
• Pet restrictions

Practical implications

• Limits redevelopment options
• May be more restrictive than zone permissions
• Cannot be removed by council change of zoning
• Removal requires application to Supreme Court with substantial cost

When it matters most

When the buyer's plans (subdivision, larger dwelling, commercial use) conflict with the covenant. The covenant overrides council permissions, so a zone that permits subdivision is meaningless if the covenant prohibits it.

How to read a title search

A title search typically shows:

Section 1: registered owner

• Names, addresses, ownership shares (joint tenants vs tenants in common)

Section 2: mortgages

• Current mortgages registered on title
• Will be discharged at settlement (typically)

Section 3: easements

• Each easement listed with:
  • Type (drainage, sewer, power, etc.)
  • Beneficiary (council, utility, adjoining lot)
  • Dealing number (registration reference)
• Plan reference showing easement location

Section 4: covenants

• Each covenant listed with:
  • Type (positive or restrictive)
  • Beneficiary
  • Dealing number
• Text of covenant or reference to deposited plan

Section 5: caveats and other interests

• Any current caveats, restrictions, or other registered interests
• May require clearance before settlement

How to map easements onto your lot

For visualisation:

Step 1: obtain the survey plan (Deposited Plan)

The lot's Deposited Plan (DP) shows the lot boundaries and any easements registered on the plan. Available through state land registry for $20-50.

Step 2: identify each easement on the plan

The DP shows easements as hatched corridors with reference to dealing number or annotation.

Step 3: overlay against intended use

Map your intended dwelling footprint, pool, garage, garden design onto the easement plan. Identify any conflicts.

Step 4: confirm with surveyor for substantial work

For substantial work, a current survey by a registered surveyor is essential. The surveyor confirms easement locations on the ground and any practical constraints.

How easements affect value

The impact varies enormously by easement type and lot configuration:

Minor impact

• Drainage easement along rear or side boundary
• Sewer easement along boundary
• Minor right-of-way to adjoining lot

Typical value impact: 0-3%

Moderate impact

• Drainage or sewer easement crossing buildable area
• Substantial right-of-way through lot
• Restrictive covenant limiting use within owner's reasonable plans

Typical value impact: 3-10%

Substantial impact

• High-voltage power transmission line easement crossing lot
• Right-of-way through middle of lot
• Restrictive covenant fundamentally constraining use
• Multiple overlapping easements

Typical value impact: 10-25%

When easements become deal-breakers

Three scenarios:

Scenario 1: planned extension conflicts with sewer easement

A buyer planning to build a rear extension over a sewer easement faces utility refusal of the work. The extension cannot proceed as planned.

Scenario 2: restrictive covenant prohibits planned use

A buyer planning subdivision finds a restrictive covenant prohibiting subdivision. The plan is fundamentally incompatible.

Scenario 3: right of way creates ongoing dispute

A buyer of a property with a shared right-of-way to a neighbouring lot inherits ongoing maintenance disputes. The asset becomes a liability.

The title search and easement review is one of the highest-leverage pre-exchange checks. A 30-minute review of a title document can prevent substantial future surprises. The cost of getting it wrong - finding a sewer easement under your planned extension - vastly exceeds the cost of getting it right.