Easement

An easement is a right registered on a lot’s title that gives a specified party use of a defined strip of the lot for a specified purpose. The lot carrying the burden is the servient tenement; the party benefiting is the dominant tenement (a neighbour, a council, or a utility). Easements typically run for stormwater, sewer, electricity, gas, telecommunications, or vehicle access.

What it does to your build

• Runs with the title. Carries through to every future owner.
• Doesn’t reduce FSR site area. But the build envelope is restricted.
• Building over a service easement needs the authority’s consent. Sydney Water, Western Power, council stormwater: each has its own application. Without consent, the authority can require demolition.
• Building over an access easement is usually prohibited. The lot can’t be obstructed.

Where to find them

• Title search: easements appear as numbered notations.
• s 88B instrument (NSW) or state equivalent: the document that created the easements at subdivision, with a plan showing each strip’s location.
• Plan of subdivision: easement strips with bearings, distances, and short-form codes.

Vs covenant

	Easement	Restrictive covenant
What	Use right over part of the lot	Restriction on use across the lot
Visible on plan	Yes, hatched strip	Sometimes only a note
Build implications	No build without authority consent	Restricts design or use generally

For a builder

• Order title search + 88B before sketching. Cheap step, expensive surprise avoided.
• Don’t assume the easement is at the fence. Easements often pre-date current fencing.
• Build authority consent into the program. “Build over easement” applications run 6 to 12 weeks.

Category: Property title / planning.

Related

• Easements and covenants
• Dominant tenement
• Servient tenement
• Section 88B instrument (NSW)

See also

• Restrictive covenant
• Registrar-General

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Last updated: 2026-05-29. Verified: 2026-05-29. Quarterly review for currency.