What is an easement and can I build over one?

An easement is a registered right over part of your land held by someone else, commonly a water authority for a sewer or drainage main, or a neighbour for access or drainage. It is on the title, and it survives every change of ownership.

Finding out what you have

• The title search and plan will show registered easements, which your conveyancer obtained when you bought.
• A sewer service diagram from the water authority shows the main and its position, and is usually inexpensive to obtain.
• Not everything is on the title. Some assets sit within a property without a registered easement but still carry build-over restrictions.

Build-over approval

Water authorities have a formal process for building over or near a main. It typically requires engineering details showing the structure will not load the pipe, will not prevent access for maintenance, and can be worked around if the main needs excavating. Approval is not automatic, conditions are common, and piered footings that bridge the main are a frequent requirement.

Why it is not worth skipping

If the authority needs to access the main and your structure is over it, they can generally do what is necessary and you carry the cost of reinstatement. Unapproved structures over easements also come up at sale, where they become a condition or a price reduction.