Easement in Gross Explained: 2026 Guide for Australian Property Owners

An easement in gross is a legal right that allows an individual, company, or government agency to use a portion of someone else’s land for a specific purpose—without owning any neighbouring land themselves. Unlike a traditional easement (which benefits an adjoining property), an easement in gross benefits a party regardless of their land ownership status.

Common examples include:

• Utility easements: Power, water, gas, and telecommunications providers often have easements in gross to run lines or pipes across private land.

• Conservation easements: Environmental groups or councils may secure rights to preserve bushland or waterways on private property.

• Public access: In rare cases, a council may secure an easement for public pathways or coastal access, even if the land is privately held.

In 2026, the growth in renewable energy and digital infrastructure means new easements in gross are being created at record pace—especially in regional and outer suburban Australia.

Many property owners are surprised to discover an easement in gross on their land when they review their title or conduct due diligence before purchase. Here’s what you need to know:

• Restrictions: Easements in gross usually restrict what you can build, plant, or excavate in the affected area. For example, you might be prohibited from putting up a shed or digging a pool over a sewer line easement.

• Land value: A significant easement in gross can affect resale value, especially if it limits development potential or future subdivision. Lenders may also assess properties with large or complex easements more conservatively.

• Obligations: As the landowner, you’re generally required to allow reasonable access to the easement holder for maintenance or upgrades. This can mean trucks, machinery, or work crews on your land—sometimes with little notice.

For example, in 2026, several Victorian councils have negotiated new fibre-optic easements in gross to accelerate regional NBN upgrades. Homeowners in these areas have received compensation, but must also accommodate regular works and inspections.

This year has seen some significant developments in how easements in gross are managed and enforced:

• Digital registration: Most states now require easements in gross to be registered digitally with Land Registry Services. This streamlines the conveyancing process and reduces the risk of disputes.

• Compensation reforms: New South Wales and Queensland have updated their compensation frameworks for newly created utility easements, offering clearer guidelines for landowners and utility companies.

• Mandatory disclosure: Under recent amendments to the Sale of Land Act, vendors must disclose all registered easements—including those in gross—on the Section 32 statement or equivalent vendor disclosure documents. Failure to do so can void a sale or trigger damages.

• Environmental protections: Some states have expanded the use of easements in gross for conservation purposes, enabling private landowners to partner with Landcare groups and councils for long-term environmental management (often with tax benefits).

These updates aim to give property owners greater clarity and security, while supporting Australia’s infrastructure and environmental goals.

• Check the title: Always review the title and deposited plan for any easement in gross. These will specify the location, dimensions, and purpose of the easement.

  • Understand your rights: If you’re affected by a new or existing easement in gross, clarify your rights and obligations with the easement holder and, if necessary, seek legal advice on compensation or dispute resolution.

  • Plan for the future: If you’re planning renovations, extensions, or landscaping, factor in any easement areas—building over them is usually prohibited and may trigger legal action or forced removal.

  • Ask about compensation: For new easements in gross, particularly for utilities or government projects, compensation is often available. Inquire early and keep records of all correspondence.

Real-world case: A Brisbane family recently negotiated compensation and landscaping works after Energex installed a new high-voltage cable easement in gross through their backyard. Their proactive approach ensured minimal disruption and a fair outcome.

Easements in gross are a fact of life for many Australian property owners, but with the right knowledge, you can navigate them confidently and protect your investment. As Australia’s property landscape evolves in 2026, staying informed about these legal rights is essential—whether you’re buying, selling, or simply planning your next big home project.