What is an Easement?

Most blocks in established parts of Canberra have easements. An easement, grants the legal right to use the property, but the legal title to the land itself remains with the owner of the land. Most commonly, easements are granted to utility companies to run power lines and services such as sewer and stormwater

By Steve Lowe

20-03-2019
Most blocks in established parts of Canberra have easements. An easement, grants the legal right to use the property, but the legal title to the land itself remains with the owner of the land.
Most commonly, easements are granted to utility companies to run power lines and services such as sewer and stormwater

Easements cannot be built over unless special permission is acquired. Easements can affect what you can build on your block and definitely need to be taken into consideration.

Many property owners in Canberra have built garden sheds, garages, driveways and other structures over easements and run the risk that these structures will be ordered to be removed so that the utility company can gain access to dig up the easement or access the easement to trim trees overhanging power lines.

The mandatory building reports provided for properties that are on the market will identify the unapproved structures and will include a copy of the lease showing the easements that exist. Typical easements are sewer, drainage and power easements and are generally 2.5m wide along a rear or side boundary.

If you have a property and would like to find out where your easements are, contact us for a free report.

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