Property Easement | Hidden Risks to Property Value

What is an easement? A property easement is a portion of land that, while owned by one person, grants legal access or use rights to someone else.
It’s a way of sharing land without giving up ownership. For example, a neighbour might have the right to use part of your driveway to reach their property, or utility companies might have the right to run pipes or cables through your land.
Easement on property QLD is important to understand because they can impact how you use your property and what others are allowed to do with it.

Property Easement

A property easement can seriously impact your future plans. In some cases, an easement might restrict where or how you can build, renovate, or develop your land. This could derail building projects you were counting on and even reduce the overall value of your property.
If you are not aware of existing easements before settlement, you could face costly surprises later on, from denied permits to legal disputes.
Easements tied to a property are crucial to protecting your investment, planning confidently for the future, and avoiding expensive mistakes.

Can I use the part of the land that the easement is on?

Depending on the type of easement, you may be limited to what you can do with the part of the land the easement is on. In most cases, you will not be allowed to build over the easement and if you do, the person or entity benefiting from the easement (eg. The council), has the right to remove the obstruction.

We recommend you seek legal advice before obstructing an easement on your property.

How to know if an easement on property QLD has been registered?

All easements should be registered on the Land Titles Register. If you are purchasing a property, the real estate agent will more than likely have a title search which will identify if there is an easement and whether it benefits or burdens the land. In Queensland, all sales contracts should disclose if a property has an easement. If you are unsure, we recommend you get your contract reviewed by a conveyancer before you sign it.

If you need further information about encumbrances or easements, get in touch with Cairns Conveyancing Solicitors today.

How Easements Can Block Building Plans

Easements often come with restrictions on what you can do with the affected area. You might be prohibited from:

• Building structures like fences, sheds, or extensions over the easement

• Planting trees or landscaping that could damage underground infrastructure

• Blocking access needed by utility providers or neighbouring properties

If you unknowingly build over an easement, you could be forced to remove the structure at your own cost, even years later. Worse, some councils or service providers may refuse to approve development applications if they clash with easement rights.

How Easements Can Hurt Property Value

Properties with major or poorly positioned easements can see a drop in value because:

• Reduced usable land: You lose flexibility in how you can use or develop parts of your land.

• Development challenges: Easements can delay or complicate council approvals.

• Resale impact: Future buyers may see the easement as a liability and negotiate a lower price.

In highly competitive property markets, even a minor easement issue could make your property less attractive.

Protect Yourself Before Settlement

To avoid unpleasant surprises:

• Review the title carefully: Always check for registered easements in the property title search.

• Order a survey: A professional survey will show the exact location and size of any easement.

• Understand the restrictions: Read the easement terms and ask your solicitor or conveyancer to explain any restrictions clearly.

• Factor it into your plans: If you intend to renovate or develop, ensure your design accommodates the easement.

• Negotiate if needed: In some cases, you might be able to negotiate a change or removal of a minor easement,  but this requires expert advice.

In short:
A property easement could quietly limit what you can build and eat into your property’s value without you realising. Always do your homework early to avoid costly setbacks later.