An easement is a legal right that allows someone else to use part of your land for a specific purpose. It doesn’t transfer ownership, you still own the land, but it limits what you can do with that section.
Think of an easement as a “shared right” over a defined strip or portion of land.
Common types of easements in NSW
- Drainage easements – allow council to run stormwater pipes
- Sewer easements – allow Sydney Water or Hunter Water to access sewer lines
- Right of carriageway – gives a neighbour the right to drive or walk over your land
- Utility easements – electricity, NBN, water supply
- Support easements – allow a neighbouring property to rely on your land for structural support
Each easement has a dominant tenement (the land that benefits) and a servient tenement (the land burdened by the easement).
How do easements affect property owners?
Easements can impact:
- Building and renovation plans
- Where you can place structures, fences, retaining walls, pools, or driveways
- Land value and future development potential
- Access rights for councils, utilities, or neighbours
Authorities must be able to access the easement area at any time for maintenance or repairs. This is why easements are shown on your Deposited Plan (DP) and listed on your Title.
Why you can’t build over an easement
Most easements come with strict rules that prohibit building over or too close to the easement area.
Building over an easement can:
- Block access to essential infrastructure
- Damage pipes or cables
- Create safety risks
- Lead to council refusing your DA
- Result in orders to remove the structure
Even “minor” works like decking, paving, sheds, or retaining walls can be restricted depending on the easement type.
Understanding the “Zone of Influence”
For sewer and drainage easements, the restrictions extend beyond the easement itself.
The zone of influence is the area of soil around the pipe that could be affected by the weight or pressure of nearby structures.
If you build too close, the load can:
- Crack or collapse the pipe
- Make future repairs impossible
- Create soil instability
- Cause council to reject your building plans
The zone of influence depends on:
- Pipe depth
- Pipe diameter
- Soil type
- Proposed structure (e.g., slab, footings, retaining wall)
Engineers often need to assess this before any construction near an easement.
How EzyStep Conveyancing supports you
We identify easements early in the contract review stage and explain:
- What type of easement it is
- Who benefits from it
- How it affects your building or renovation plans
- Whether you need engineering advice or council approval
- Any long‑term risks or limitations
This helps you make informed decisions before you commit to a purchase or start planning works.