An easement preserves a section of land across a property which gives legal rights to authorised parties to use and access the land for a specific purpose. Service authorities (including the City) are entitled to access easements on private property to inspect or repair infrastructure, regardless of who owns the property. 

The land on which an easement exists belongs to the property owner, who is responsible for maintaining it. An easement restricts how a property owner can use that section of land. While an easement may only cover part of a land parcel, property owners must allow authorised parties clear access across their land.

Easements include but are not limited to:

• Expressed easements: These easements are shown (expressed) on a land title as a dashed line covering the area where an easement applies.
• Section 12(2) easements, under the Subdivision Act 1988: These easements are generally used on small, multi lot subdivisions and are listed on the plan of subdivision. They provide rights for the benefit and enjoyment of all lots in the subdivision. For example, drainage, carriageway (shared driveways) and rights to enter an adjoining lot for building maintenance.
• Statutory easements, under various legislation: These are not shown on a land title but are written into legislation to benefit service authorities to access and maintain their assets.

Drainage easements 

We are responsible for maintaining City-owned stormwater and drainage infrastructure. The City is authorised under s198 of the Local Government Act 1989 to access public drains in the municipality for which we are responsible (statutory easement). For drainage infrastructure under our care, control and management, we are authorised to undertake works regardless of the location.

Property owners are responsible for maintaining their land, including sections of land affected by an easement. Approval is not required to plant grass and small plants over an easement. Anything covering, planted in or constructed over an easement is a property owner's responsibility. Should access to infrastructure in an easement be impeded, service authorities may remove or relocate any obstructions at the property owner’s expense.

Information about maintaining drainage easements on private property is available on our Stormwater and Drainage webpage.

Under the Building Regulations, the City’s consent must be sought and granted before any works in a drainage easement commence (including but not limited to construction, excavation and infill). Further information is available on our build over easements and Council consents webpages.