What is an Easement?
An easement grants someone the right to use part of your land for a specific purpose. In property development law, common easements include drainage, sewerage, electricity, telecommunications, and access. These rights attach to the land title and bind future owners.
When you register a Plan of Subdivision in Victoria, the Registrar of Titles requires all necessary easements to be properly created and documented. Missing or incorrect easement documentation is one of the most common reasons for subdivision delays.
Types of Easements in Melbourne Subdivisions
Drainage Easements: Melbourne Water and local councils require easements over stormwater infrastructure. These easements allow authorities to access pipes, pits, and retention systems for maintenance. The width and location depend on pipe diameter and depth.
Services Easements: Electricity, gas, water, and telecommunications providers need easements to protect their infrastructure. When subdividing, you may need to create new easements or vary existing ones to accommodate lot boundaries.
Access Easements: Also called rights of way, these provide legal access to landlocked lots. Common in dual occupancy and townhouse developments where rear lots share a driveway with front lots.
Easement Creation Melbourne Process
Creating an easement involves several steps. First, your surveyor identifies the easement location on the Plan of Subdivision. Our property lawyers then prepare the easement documentation, including the purpose, width, and any conditions. We lodge this through the SPEAR system along with your subdivision application.
For easements benefiting service authorities, we coordinate consents from Melbourne Water, electricity distributors, and other providers. Each authority has specific requirements for easement wording and dimensions.
How to Remove an Easement in Victoria
Removing an easement requires consent from the easement beneficiary. If a drainage easement benefits Melbourne Water, they must agree to its removal. This typically happens when infrastructure is relocated or decommissioned.
The process involves lodging an application with Land Use Victoria, supported by evidence that the easement is no longer required. Our property lawyers handle negotiations with beneficiaries and prepare the formal removal documentation.
Section 173 Agreements and Easements
Sometimes councils require Section 173 agreements to secure easement-related obligations. This might include maintenance responsibilities for shared drainage systems or access restrictions. These agreements are registered on title and form part of your subdivision approval conditions.
Understanding the interaction between easements, Owners Corporation rules, and Section 173 agreements is critical. Our subdivision lawyers ensure all these elements work together without creating conflicts that could delay title registration.
