If you are looking to buy your first property, it is important to be aware of any title easements that may impact your land.
An title easement is an encumbrance or restriction on your property.
More simply, it is a right held by someone else to use part of your land for a specific purpose, even though they are not the property owner. Easements can also restrict your own ability to use the portion of land as you wish.
Common examples are drainage, sewerage, and carriageway easements.
Let’s unpack these more below.
Drainage Easement
A drainage easement is a legal right that allows council and government authorities, such as Yarra Valley Water, to access and use a specific part of your property for water management.
In other words, it gives government authorities the right to build and maintain drainage infrastructure on your property. A drainage easement could also be in place to guarantee the flow of stormwater along an unobstructed path.
These easements can help keep your property protected from flooding. On the other hand, drainage easements can reduce the value of your property due to the strict guidelines about how the owner can use the portion of land impacted by the easement. Proposed building setbacks will often be applied from the infrastructure in the easement.
Sewerage Easement
A sewerage easement, like a drainage easement, is also a legal right given to government authorities to maintain sewerage infrastructure on your property.
Section 148 of the Water Act (1989) prohibits property owners from building a structure or placing soil, rock or other matter on government sewer infrastructure or any land covered by a sewerage easement.

Right of Carriageway Easement
A carriageway easement is a legal right for an authorised person to travel across specified parts of your property at any time. These authorised persons are usually neighbours or owners of the properties surrounding yours. The easement gives them right of way, whether by vehicle or foot.
Essentially, this means that you cannot restrict the right of someone to pass over this portion of a title that is defined as ‘Right of Carriageway’, nor can you build a structure over such area.
In our next article, we will discuss the process of removing easements from titles!
How can we help?
If you need help understanding your title, give Sam and team at Linear Land Surveying, (Melbourne land surveyors) a call on 9873 8888, or email survey@linearlandsurveying.com.au for more information and help.
The information on this website is intended to be general in nature and is not personalised land development advice. It does not take into account your specific objectives, land development site or financial situation. Before acting on any information, you should consider the appropriateness of the information provided and seek more specific advice from the professional team at Linear Land Surveying.