Easements and encumbrances

What is an Easement?

An easement is the right to use another person's land for a stated purpose such as access to a walkway or parking space. An easement can cover either a general or specific portion of a property.

How to find out if there’s an easement on a property

Check the Certificate of Title to see if there are any easements affecting your property.

Details about the nature of the easement and where it’s located will be shown on the certificate.

Permission to build over an easement

You may be able to get permission from the authority controlling the easement but normally building over an easement isn’t allowed.

Find out more about easements.

What is an Encumbrance?

An encumbrance on a property is usually a special building requirement like:

• the minimum or maximum dwelling size
• the type of fencing material to be used
• roof colour and pitch.

How to find out if there’s an encumbrance on a property

First check the Certificate of Title for any encumbrances on your property.

You can get details about the nature of the encumbrance from the Land Services Office. Visit the office at 101 Grenfell Street, Adelaide or call 8226 3983.