Easements on Property Titles in NSW
17th July, 2026
Understanding easements
When purchasing property in New South Wales (NSW), purchasers should carefully review the title search and Contract for Sale before committing to a transaction. One common interest that may appear on a property title is an easement. Although easements are common in NSW, they can affect how a property is used, developed, and maintained.
An easement is a legal right that allows a person, organisation, or authority to use part of another person’s land for a specific purpose. However, an easement does not provide ownership of the affected land. Instead, it creates a right of use that may relate to access, drainage, utilities, or other services.
For example, a property may contain an easement that allows a neighbouring property owner to use a driveway for access. Similarly, an easement may allow a service provider to access part of a property to maintain essential infrastructure. Therefore, purchasers should understand any easements registered on a property title before buying.
How easements can affect property owners
Importantly, easements can influence how a property owner uses their land. While many easements have little impact on everyday living, some may restrict future plans. For example, an easement may affect where a purchaser can build an extension, swimming pool, shed, or other structure.
Additionally, the location and purpose of an easement should be considered during the purchasing process. A purchaser may have different plans for a property that are not possible due to existing rights registered on the title. Therefore, reviewing easements before exchange can help avoid unexpected issues.
Generally, an easement remains attached to the land rather than the individual owner. As a result, when the property changes ownership, the benefit or burden of the easement usually transfers to the new owner.
What is an easement in gross?
An easement in gross operates differently from a standard private easement. Unlike a traditional easement, an easement in gross does not benefit another parcel of land. Instead, it benefits a prescribed authority, such as a government body or utility provider.
For instance, an electricity authority may hold an easement in gross over private property to install or maintain infrastructure. Consequently, the authority may have rights to access the land for specific purposes.
Why purchasers should check easements before buying
Before purchasing property, purchasers should conduct appropriate due diligence to identify any easements, restrictions, or other interests affecting the land. A title search can reveal important information that may influence a purchaser’s decision.
A conveyancer can help explain registered interests and identify potential issues that may affect the property’s future use. Early advice can help purchasers better understand their rights and responsibilities before completing a purchase.
NSW Land Registry Services provides information about property titles, easements, and registered dealings. However, purchasers should obtain professional advice to understand how these interests may affect their property purchase.
How We Can Help
Easements and easements in gross can have a significant impact on property ownership. Therefore, obtaining professional advice during the conveyancing process can provide purchasers and vendors with greater confidence.
At Bangalow Conveyancing our experienced conveyancing team assists clients with reviewing Contracts for Sale, discovering easements, identifying title issues, and navigating property transactions across the Northern Rivers, including Byron Bay, Ballina, Lennox Head, Bangalow, Mullumbimby, Brunswick Heads, Ocean Shores, Suffolk Park, Alstonville, and Lismore.
If you found this blog helpful, don’t forget to check out our other informative blogs.
Disclaimer: The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.
