Easements on your property

You need to keep certain sections of your property accessible to Council so that essential services for your community can continue to operate and stormwater can flow as required. These sections are known as 'easements'.

As a property owner it's important to:

Purpose of easements

Easements may contain critical infrastructure for:

  • stormwater drainage
  • water supply and sewerage
  • power and gas
  • telecommunications.

Easements may also provide:

  • overland flow paths for stormwater
  • right of way for vehicles or pedestrians.
Easement on a property boundary

Example of an easement on a property boundary

Check for easements before you build

Council does not allow habitable structures or swimming pools to be built over an easement but may allow certain temporary, removable or lightweight structures.

If there are easements on the property, and your plans include building over an easement, you should either:

When we respond to an enquiry, we will provide further instructions about whether and how you may apply for approval.

If you build a structure or place objects or soil over an easement, and Council needs to access it to perform maintenance work, you may be required to remove the structure, objects or soil at your own expense, even if the development was approved.*

*See Section 148, Water Act, 1989: 'no structure can be built or any filling placed within one metre laterally of any works of the Relevant Authority without permission from the Relevant Authority..'

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