An easement gives an individual or a company (grantee), the right to use land for a particular purpose. An easement can restrict how the owner of the land (grantor) can use their property.
Common easements include:
- pathways and walkways
- for the supply of utilities - eg water, electricity, gas
- access roads
- the right to park a vehicle
- party walls.
Easements and rights of way that are registered on a certificate of title will remain as the land is bought and sold. It can only be removed when both the easement holder and the owner of the land agree to it. Some easements may not be listed on the certificate of title - eg electricity, sewerage and water, telecommunication easements.
If SA Water has a sewer pipe positioned under your land it is likely they will have an easement on your property. This entitles them to access the land to repair, maintain or replace this pipe.
An easement can affect a property
There may be restrictions placed on how you can use the property and the land the easement covers. This can include building on the easement. When applications for development approval are lodged, any registered easements will be taken into consideration.
More information to register, change or remove an easement with Land Services SA.