It is important you understand what an easement is so you can look to see if the property you are purchasing has one registered over the title. Being aware of an easement is advisable as there will be restrictions on how you can use the land and this could potentially prevent further development ideas you had on the land you are wishing to undertake.
In legal terms, an easement means the right to cross, or use in some way (normally a specific purpose), a portion of land that belongs to someone else. It is beneficial to be aware of an easement as they can restrict how landowners use their property. An easement provides a right of access held by someone who is not the landowner such as government, council or telecommunications. This easement means those holding the rights to the easement, have a legal right to use that piece of land even though it is not in their possession (e.g, updating NBN or sewer lines, accessing sewer mains, gas connections, etc). Easements will remain on the title for as long as that access point is required. They will not change when the title of the property is transferred into a new name. When power, water, sewage and the like are concerned, an easement gives them right of entry, and it can also impact the construction of building fencing etc.
In addition to the above, there are many types of easements. An easement can also be known as a right of carriage way, allowing people to use the defined strip of land (e.g, shared driveway).
Understanding the complexity of easements and how they impact a property can be difficult. Legal assistance is invaluable when you are dealing with property easement issues. If you have any further questions on how an easement affects your property and if there are any detriments, we are here to help answer any of your questions and provide further guidance.