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What is an easement?

An easement is a registered legal right for a specific party to use part of your land for a defined purpose. It's recorded on the property's Certificate of Title and runs with the land, when you buy, you inherit it. Easements are one of the most expensive surprises a buyer can miss in a Form 1.

Common types of easements

  • Sewer easement, gives SA Water the right to access and maintain sewer mains running through your land. Usually 3m wide. You cannot build over it.
  • Drainage easement, for stormwater or council drainage infrastructure. Similar restrictions.
  • Electricity easement, for SA Power Networks transmission lines or substations.
  • Right of way (or right of carriageway), gives a neighbour the right to drive across part of your land to reach their property. Common with battle-axe / hammerhead blocks.
  • Easement of support, relating to retaining walls or buildings on boundaries.
  • Easement for the supply of services, water, gas, or telecommunications infrastructure.

What an easement does to your property

  • Restricts what you can build, you typically cannot build a permanent structure (house, garage, pool, retaining wall) over an easement. The easement holder must be able to access the infrastructure.
  • Restricts what you can plant, large trees with deep root systems are often prohibited within easement boundaries.
  • Triggers maintenance obligations in some cases, depends on the wording of the easement.
  • Affects subdivision feasibility, a 3m sewer easement running through the middle of an 800m² block can kill any subdivision plan because neither new lot can build over the easement.
  • Affects resale, easements are searchable and informed buyers will discount accordingly.

Cost impact, when easements get expensive

  • Relocating a sewer easement, if your dream extension would sit on top of a sewer main, SA Water needs to approve relocating it. $15,000–$40,000 typical cost, plus 3–6 months of design and approvals.
  • Right of way disputes, neighbours arguing over shared driveway use, maintenance, or width. Legal fees $5,000–$20,000+ when it escalates.
  • Subdivision blocked, a sewer easement on a 1,000m² block can make a side-by-side split impossible, sinking a $300,000+ development plan.

How to find easements on a property

  1. Read the Form 1, every SA seller must disclose easements. Page 1 priority item.
  2. Get a Certificate of Title search, lists every registered interest. Done by your conveyancer.
  3. Order a survey plan, shows where easements run physically across the land.
  4. Ask the agent, they should know, but verify with the documents.

What our Zone Check tool does (and doesn't) show

Easements are not in PlanSA's open data, they live on the Certificate of Title, held by Land Services SA. Our Subdivision & Zone Check tool surfaces zone, overlays, and TNVs but cannot show easements. For that, you need:

  • The Form 1 (free from the seller before contract signing), covered in our Form 1 Red-Flag Checker
  • A title search via your conveyancer (~$50–$100)

Easement vs encumbrance vs covenant

  • Easement: a right to use part of the land (e.g. drive over it, maintain a sewer in it)
  • Encumbrance: a broader category that includes easements, mortgages, charges, and anything else registered against title
  • Covenant: a restriction on how the land can be used (e.g. "no commercial activity", "single-storey only"), common in newer estates and gated communities

Read more

Find easements in the Form 1

Form 1 Red-Flag Checker

Easements are the #1 weighted item in the checker. Find them before you sign.

Open the Form 1 Checker →