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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 →