An easement, on a block of land, permits another person or organisation to use the land included in the easement for a specific purpose.
Some examples of easement agreements include easements for:
- an infrastructure provider to access utilities like stormwater and electricity,
- a neighbouring landowner to use part of your land for access.
Creating an easement
You need to lodge a Transfer and Grant of Easement for registration with the Land Titles Office to create an
easement legally. To create an easement on someone's land, you'll need to:
- have an agreement from the landowner and infrastructure provider,
- have a registered surveyor prepare an easement plan for you and,
- have a legal registration of an instrument against the land title.
You might see easements on your Deposited Plan (DP) as 'proposed'. DPs do not create an easement and you will still need to have this legally created through a Transfer and Grant of Easement.
See Chapter 44 of the Land Titles Practice Manual for more information.
Removing an easement
Sometimes you may no longer need an easement on your Land Title. You can remove an easement through a Memorandum of Extinguishment.
