Easements

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An easement is a legal right that allows someone to use a part of another person’s property for a specific purpose. This can include things like accessing a driveway and running utility lines. The property owner still owns the land, but the easement grants certain usage rights to someone else.

How to request an easement over Council's land

Owners of property next to Council land often need to do work on Council land to connect to public utilities such as stormwater, water, sewer and electricity.

If you need an easement over Council's land you need to submit an application.

Apply now

Council is seeking an easement on my land

We often ask landowners permission to use part of their land for things like public drainage works or other infrastructure projects. We will contact you directly to work through this process together. 

Frequency Asked Questions

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

We need easements for any new permanent private infrastructure works on Council land, such as drainage pipes and electrical lines.

However, we don't generally need easements for:

  • existing approved infrastructure on Council's land, as long as there is no change or increases to the private infrastructure
  • any water or sewer infrastructure that will be handed over to Hunter Water once it's finished (unless Hunter Water require 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 will be calculated by Council staff and provided to you in writing after we've received your application for an Easement.

In addition, a valuation for compensation will be undertaken for the easement if applicable.

How long will it take to get an easement over Council land?

Typically it can take up to six months for this process to be completed. The process includes:

  • Submission of application with required documentation
  • Consultation with internal Council departments
  • Valuation and negotiation of easement terms
  • Final plans and easement documentation submitted and approved by Council
  • Documentation submitted and registered with Land Registry Service
  • Easement complete

What if Council doesn't agree with my request for an easement?

You will be advised in writing and can discuss with relevant staff at the time.