Owning property involves various legal complexities, one of which is understanding easements in Queensland. An easement grants someone the right to use another person’s land for a specific purpose, without owning it. In Queensland, understanding easements—how they’re created, their types, and their management—is crucial for property owners.
This guide explains easements in Queensland, providing clarity on what they mean for property rights and responsibilities.
Understanding easements in Queensland
An easement is a legal provision allowing the use of someone else’s property for a designated purpose. The party benefiting from an easement is known as the beneficiary, while the property owner grants the easement, bearing a burden on their land but retaining ownership.
These rights must be respected and adhered to as per the terms set out in the easement agreement.
Checking the easement details on the property’s title through the Queensland Titles Registry or an authorised property lawyer is essential before buying land.
Types of easements in Queensland
There are several kinds of easements in Queensland, each serving a different purpose.
Right of way
It allows the beneficiary to cross another’s land, commonly applied in scenarios where properties are landlocked. In modern developments, these easements are also used to allow emergency or service vehicles access where road frontage is limited.
Drainage easement
It permits water drainage across another’s property, which is vital for areas prone to flooding or with inadequate natural drainage.
Local councils now require drainage easements for most new subdivisions to comply with flood mitigation standards under the Queensland Development Code.
Utility easement
This is used by utility companies to install and maintain infrastructure like electricity and water lines.
With the rollout of the National Broadband Network (NBN), new utility easements in Queensland may also cover underground fibre optic cables.
Conservation easement
It protects land for conservation purposes, preserving environmental, cultural, or historical values.
The Queensland Government’s Environmental Offsets Policy also recognises conservation easements as part of sustainable land management practices.
Party wall or shared driveway easement
This easement in Queensland covers shared structures or access ways, such as boundary walls or shared driveways, between neighbouring properties.
It is increasingly common in townhouse developments, where shared access must be maintained according to body corporate or community management scheme rules.
How easements are created
Part of understanding easements in Queensland is knowing that they can be created in several ways:
- Express Grant – Written agreement where the landowner grants the easement to a beneficiary. This agreement must be formally registered with Titles Queensland to be legally enforceable.
- Implied Grant – Easement assumed necessary for the enjoyment or use of a beneficiary’s land based on circumstances.
- Prescription – Long-term use of land (at least 20 years) without the owner’s permission can establish a prescriptive easement. However, Queensland courts take a strict approach to prescriptive easements under the Torrens system and evidence of continuous use is required to prove a claim.
- Statute – Legislation may establish certain easements for public or private utility purposes. Under the Land Title Act 1994, statutory easements automatically apply to certain lots, particularly in multi-unit developments, for the purposes of water, sewerage, or power supply lines.
Managing easements
Managing an easement involves ensuring it is used correctly as per its terms. This includes:
- Maintaining the area of the easement.
- Compensating the landowner if the easement affects their property’s value.
- Resolving any disputes through negotiation or legal means.
Failing to comply with an easement’s conditions can result in legal action, removal of unauthorised structures, or monetary penalties under the Property Law Act 2023.
Get Expert Advice on Easements in Queensland
Understanding easements is vital to protecting your property rights and avoiding legal issues. Nationwide Conveyancing offers professional guidance on property titles, easements, and land use matters.
Contact our conveyancing team today to ensure your property transactions are compliant and hassle-free.
FAQs about understanding easements in Queensland
Who owns an easement in Queensland?
The landowner still owns the land under the easement, but the person benefiting from it (the beneficiary) has the legal right to use it for the purpose specified in the agreement.
Ownership and rights are recorded on the property title, meaning they transfer automatically to new owners unless the easement is formally removed or varied.
What are the disadvantages of an easement?
Queensland’s easements can bring some challenges, such as:
- Limits on what you can build or plant in the easement area
- Reduced privacy or property value if others have access rights
- Increased maintenance responsibilities
- Possible disputes over use or repair costs
It is essential to seek legal advice before purchasing or modifying land with an easement, as even minor alterations could breach the easement terms or impact the resale value.
Can you plant trees on an easement in QLD?
Generally, no. Planting trees or shrubs on an easement is not allowed unless approved by the beneficiary or the local council. Roots and branches may damage underground pipes or restrict access to them.
Can you build over an easement in QLD?
In most cases, building over an easement is not permitted without the written consent of the easement holder and approval from the relevant council. Even small structures, such as sheds or fences, may be considered obstructions.
Recent amendments to local building codes emphasise the protection of underground services and drainage systems, so compliance checks are now more rigorous before construction approvals are granted.