An easement is a registered right made between a landowner and an individual, company, council or other authority to use a landowner’s property for a particular purpose. An easement is not ownership of the land, it is an ongoing registered right to use a portion of the land (e.g. access to drive over the land).
An easement is often connected to a specified property. This means that the easement is tied to the property, not the owner, therefore the rights attached to the easement are transferred when the property is sold.
Easements on Crown land are different to statutory easements which are created under legislation and only apply to certain bodies such as SA Water and SA Power Networks.
How can I apply for an easement?
To apply for an easement on Crown land you will need to complete an Application to issue an easement form.
Before lodging an application you should consider if any other options are available, such as purchasing the land. Where another option is available, an easement may not be granted.
If the application is approved, it is then your responsibility to prepare and lodge an appropriate plan showing the location of the easement with the Land Services Group.
It is important that you wait until your application has been approved prior to lodging a plan with the Land Services Group, and that no works commence until final approval is given.
How much does it cost?
An easement is subject to an application and document preparation fees, which are reviewed on a yearly basis. Contact us to find out more about fees.