Discovering an easement on your property during site planning can feel like an unexpected setback. However, from a builder’s perspective, it’s just another site constraint to manage, the same as slope, soil condition or setbacks. 

When asking yourself, "What is an easement in property?", the simplest definition is that it's a legal right granted to a specific party (like a public utility or a neighbouring block) to access or use a portion of your land for a particular purpose. You keep full legal ownership, but your freedom to build permanent structures over the designated area is restricted. 

Understanding what easements are on your property early on means you can design around them, protect your project timeline and avoid costly redesigns late into the build. 

How easements work in Western Australia

In Western Australia, property easements are registered on the land’s Certificate of Title via Landgate under the Transfer of Land Act 1893. 

An easement creates a legal relationship between two parties:

• The burdened land (or servient tenement): The property containing the easement zone, where rights of access or restrictions apply. 
• The benefited land or authority (or dominant tenement): The party holding the legal right to use that zone, such as a utility provider or an adjacent land parcel. 

Statutory easements for public services (like water mains or power lines) are very common across Perth. For landowners considering subdivision, knockdowns or multi-unit development, managing easements on your property is a routine step in the assessment process. 

The most common types of easements in Perth

Different types of easements have different functions. Identifying the specific category on your site will dictate how your building envelope needs to adapt. 

Drainage and stormwater easements

Local councils and the Water Corporation rely on drainage easements to manage overland flow and underground stormwater networks across Perth. These zones allow authority access for pipe inspections, maintenance and flood prevention infrastructure. 

Sewer easements

A sewer easement on a property is one of the most common constraints developers run into with residential developments. Typically held by Water Corp, these protect subterranean sewer mains and junction chambers, making sure maintenance crews are able to access the necessary pipework. 

Right of way/carriage way easements

Commonly found in older suburbs and infill developments, a right of way easement provides legal passage for vehicles or pedestrians across a portion of land. These are usually established to maintain the access of landlocked rear lots or battleaxe subdivisions to the public street. 

Utility easements (power, gas, telecommunications)

Service providers like Western Power, ATCO Gas and NBN Co hold statutory utility easements to protect above-ground infrastructure (like transformers) and underground cables. These specify minimum clearance distances for safety and service access. 

Party wall easements

Often seen in townhouse and terrace developments, party wall easements grant shared rights over dividing walls built on a common boundary, allowing both properties to rely on the shared structure. 

How to find out if your property has an easement

Before signing a contract or committing to architectural plans, confirm the exact location and scope of any property easement using these four steps. 

Check the certificate of title

Order a current copy of your Certificate of Title through Landgate. The “Limitations, Interests, Encumbrances and Notifications” section (Schedule 2) lists registered easements by reference number. 

Review the plan of subdivision

Examine the Deposited Plan or Strata Plan associated with your lot. This document visually demarcates the precise width, length, coordinates and location of the easement relative to your boundary lines. 

Use Dial Before You Dig

Submit an inquiry through Before You Dig Australia (BYDA) to locate underground utilities. While BYDA plans don’t replace registered title searches, they reveal physical pipes and cables that indicate statutory service rights. 

Contact the relevant authority

Reach out directly to the utility provider (such as Water Corp or Western Power) or your local council’s planning department to clarify specific access guidelines or setback buffers required around their assets. 

What easements mean for building and development

Having an easement for property access or service lines doesn’t automatically make a block unbuildable. It just defines a clear envelope. 

Can I build over an easement?

The general rule is that permanent, load-bearing structures (like foundation slabs, garages or double-storey walls) can’t be built directly over an easement zone. 

However, building over easement zones with non-permanent structures may be permitted under certain conditions. Most authorities will maintain their own formal encroachment policies. Depending on pipe depth and asset type, light structures (like demountable carports, open patios or removable paving) might be approved, usually requiring engineered footings or deep piling to make sure no load gets transferred onto underground pipes. 

How easements affect site coverage & design

An easement effectively reduces the usable footprint for ground-floor construction. Clever architectural design can often turn these restrictions into functional outdoor zones, using the easement area to satisfy local planning R-Code requirements for private open space, outdoor living areas as well as landscaping buffers and driveways. 

Easements and subdivision potential

For investors looking to subdivide, an easement to align a side or rear boundary can impact driveway widths, service routing or dwelling footprints. Factoring these dimensions into your early feasibility calculations prevents overestimating your lot yield. 

Easements and property value

An easement only impacts property value if it reduces your actual building space. If you can still achieve the maximum number of units allowed under the R-Codes and local council policies, buyers and valuers won't discount the land. It only hurts resale price when it blocks regular construction or cuts into your total site yield. 

Can an easement be removed or changed?

While easements are designed to be permanent encumbrances on the title, legal avenues exist to modify or remove them under specific conditions. 

By agreement

An easement can be discharged if the party benefiting from it agrees to surrender their rights. This involves negotiating a formal Deed of Surrender and lodging the application with Landgate, usually accompanied by relocating the service line at the developer’s expense. 

By court order

Under Section 129C of the Transfer of Land Act 1893, an application can be made to the Supreme Court of WA to modify or discharge an easement if it can be proven obsolete, or if its continuation unreasonably impedes the practical use of the land without causing substantial injury to the benefited party. 

Through subdivision & planning processes

During a major subdivision or amalgamation, existing internal easements can often be either reviewed or removed via the Western Australian Planning Commission (WAPC) approval process as new infrastructure is installed. 

FAQs

Can I build a fence on an easement?

Yes. Standard timber, Colorbond and masonry boundary fences are generally allowed across easements. However, if a utility authority needs to access the area for repairs, the landowner is usually responsible for the cost of removing and replacing the fence. 

Can I plant trees on an easement?

Lawn, shallow-rooted shrubs and groundcovers are acceptable. Deep-rooted trees shouldn’t be planted directly over drainage or sewer lines, as root intrusion can damage underground infrastructure and lead to forced removal orders. 

Does an easement reduce my land size?

No. Your total site area as noted on the Certificate of Title stays the same, and council rates or land tax are calculated on the full lot size. The easement just restricts what can be built within that designated area. 

Who maintains the easement area?

The landowner is still responsible for general maintenance, like mowing the lawn and pruning plants. The authority or beneficiary is responsible for maintaining their underlying infrastructure assets (like pipes or cables). 

Can my neighbour use my easement?

Only if the easement explicitly grants them access rights on your title (such as a registered right of way or private drainage easement benefiting their lot). Standard statutory utility easements don’t give neighbours permission to enter or use your land.