Easements

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An easement is a legal right that allows a person or organisation to use a portion of another person's land for a specific purpose. Common examples include access via a shared driveway or the installation of essential services such as water, drainage or electricity. While the landowner retains ownership, the easement grants specific usage rights to another party. 

Requesting an easement over Council land

If your property adjoints Council land and you need to connect to public utilities such as stormwater, water, sewer and electricity, you must apply for an easement before any work begins.

You do not need an easement for: 

  • driveways that extend directly from your boundary to the kerb
  • standard water or sewer connections
  • stormwater connections to the kerb via the nature strip. 

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When Council seeks an easement on your land

We may request an easement over private land to carry out public infrastructure works, such as drainage improvements. If this applies to your property, we will contact you directly to discuss the proposal and work collaboratively through the process.

Frequency asked questions

Do I need an easement for all work on Council land?

Easements are required for any new, permanent private infrastructure on Council land, such as drainage pipes or electrical conduits. 

However, easements are generally not required for:

  • existing, approved infrastructure on Council land (as long as there are no changes made)
  • water or sewer infrastructure that will be transferred to Hunter Water (unless Hunter Water requires an easement)
  • temporary works (an access licence or lease may be required).

When will Council agree to an easement over Council land?

Council will only consider proposals where:

  • there is no other practical alternative
  • the proposal is in the broader public interest
  • there is no impact on the use of Council's land
  • the proposal is consistent with the relevant legislative requirements.

How much will it cost to get an easement over Council land?

Fees for an easement over Council land may include: 

  • administrative and processing fees
  • survey and legal documentation costs
  • land valuation (if applicable)
  • registration fees.

The fees will be calculated by staff and provided in writing, after receiving an application for an easement.

How long does the process take?

The easement process can take up to six months and generally includes the following:

  • submission of the application with all required documentation
  • internal consultation with relevant Council departments
  • valuation and negotiation of easement terms
  • review and approval of final plans and legal documentation by Council
  • lodgement and registration of the easement with the Land Registry Service.

Once registered, the easement will be recorded on the land title.

What if Council declines my easement request?

If your application is not approved, we will provide a written explanation outlining the reasons. Council staff are available to discuss the decision and answer any questions you may have.

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