Mackay land and easements

Mackay land estate developers try to maximise the area you can build on by running sewer and water easements along the back of the block (and the back of the block at the rear.

Mackay land estate developers try to maximise the area you can build on by running sewer and water easements along the back of the block (and the back of the block at the rear.

You can buy a whole block of land in Mackay but that doesn’t necessarily mean you can build on all of it. Easements can be quite restrictive on the size and shape of your building envelope. Strictly speaking, an easement is a legal right attached to a section of land that allows another party to make use of the land in a particular way. Easements are most commonly sections of land that allow for draining or underground services such as water or sewerage. But it can also be to allow the owner of an adjoining property to access their land or for the support of neighbouring buildings

They are designated as easements because access to these services might be needed at some point in the future. For instance, a broken sewer line will mean excavating around the problem and making repairs. So the last thing you want to do is build your house over that service line. Easements will require you build your home a minimum distance away from potential future access points. That can make it more difficult to fit the home design you want on your piece of land. And if you do need to build very close to the easement, you may have to pay extra money for additional works that will ensure the structure can’t move any closer.

If you are buying land in a new Mackay land development, easements should be clearly marked on the lot plan. Easements and any other encumbrances should be declared in the sales contract and should also be registered on the Land Titles Register.

Easements are another reason why it pays to speak with Adam at Esprit Constructions before purchasing the land as he knows and understands the requirements and what can be done to get the most value from the block of land and new home build. He will also consider the easements on adjoining blocks because these also have the potential to impact what you can do. An experienced eye can also pick up on any other issues that might be cause for future easement concerns, such as the owner of a neighbouring block applying to the court for an easement to be granted to allow access.

Unfortunately, it is also not uncommon for there to be unregistered easements which are not easily identifiable, or circumstances that may allow a neighbour to apply to the Court for an easement over your land (more on this here). This is particularly on older properties where there may already existing services infrastructure in place.