Understanding Easements

It is important to understand what an easement is when looking to buy property. An easement is registered against the title of a property and is generally created when the land owner grants another party the right to access part of the land. 

The most common types of easements are:

• for telephone and broadband data to get to your neighbours
• for water or to drain sewage
• a right of way to provide access for pedestrians and all types of vehicles to access your neighbours land and sometimes for them to park on designated sites. It does not usually allow them to park anytime they like on your land

An easement is usually registered to last forever but sometimes can be for a certain period of time. Once registered, it is binding on all future owners. 

You may be able to remove an easement but only if there is agreement between landowners who are affected by it or have the benefit of it. 

If you are looking to purchase a property that has easement(s) registered against it, we recommend speaking to your lawyer to understand the obligations of the easement before making an offer.