Easement FAQs

An easement is essentially a set of rules that control the activities that are undertaken on the area of land on which the easement is registered. 

Unitywater easements may be for access, water, sewerage or services. 

Unitywater easements give us the right to enter the easement land as set out in the easement terms (read more in Clause 2 of the Standard Easement Terms).

Unitywater does not permit permanent structures within its easements. It is critical we can easily access our infrastructure, especially in an emergency. This might include using excavators, large vehicles and machinery.

You must not at any time without the express written permission of Unitywater erect any permanent buildings or structures (other than fences) upon the easement land or obstruct or interfere with Unitywater assets/infrastructure contained in the easement land. 

Easements can be identified by a title search from the Department of Natural Resources, Mines and Energy.

If there is an easement on your property, you need to keep any permanent construction work - except for residential driveways and residential fences - outside of this area.

The property owner is responsible for maintaining the easement land. For example, if you would like a tree removed from the easement land, this is your responsibility.   

Most of Unitywater's infrastructure lies in roads. However, from time-to-time to meet its community responsibilities Unitywater may need to take an easement. Unitywater may take an easement for either access, water, sewerage or services. 

The landowner is the owner of the easement land. Unitywater only holds an interest on the land.

The landowner is responsible for maintaining the easement land.  For example, if you would like a tree removed from the easement land, this would be the landowner’s responsibility.

When conditioned to do so as part of a Unitywater Connection approval; OR where triggered under the South-East Queensland Water Supply and Sewerage Design and Construction Code (SEQ Code).

The preparation of Land Registry documents is a specialised field.  Unitywater recommends you seek legal advice to assist you in the preparation of all Land Registry documents.

In most instances you will need to provide a Form 9 Easement and a copy of a survey plan endorsed by a surveyor. 

The Form 9 Easement template is available free of charge from the DNRME website.

You will need to engage a surveyor to assist you in the preparation of the plan of easement.

If the easement document is not prepared correctly DNRME will reject your documents and you will be required to correct the documents. DNRME may charge you a fee.

The landowner of the land is responsible for the preparation of the documents to allow for successful registration of the easement. Unitywater will not prepare your documents. It is recommended you obtain legal advice to make sure your documents are prepared correctly.

All associated fees and costs are payable by the landowner of the land

Grantor: The landowner of the land.

Grantee: Northern SEQ Distributor-Retailer Authority. 

Landowner: The person or organisation whose name appears on the official records of the Land Registry as the registered owner. 

 

Does Unitywater have standard easement terms and conditions?

Yes. Our standard easement terms explain Unitywater’s rights and obligations and any restrictions that apply to anyone with an interest in the land.

Can I change Unitywater’s easement terms?

It is not usual practice for Unitywater to amend its standard easement terms. Unitywater is the grantee of a large number of water, sewerage and access easements across its operating region.

In order to maintain and operate its infrastructure, especially during an emergency, Unitywater requires standard easement terms to ensure it can be confident it is acting properly and with authority when accessing and maintaining its infrastructure and responding to its customers’ needs.

Is there a fee to lodge and register the easement documents?

Yes. Lodgement fees are payable to DNRME.

Unitywater prefers to sign the documents first.  Please email a completed unsigned Form 9 Easement along with a copy of the endorsed survey plan by the surveyor to realestate@unitywater.com.

While there is no legislative time frame to sign easement documents, Unitywater will endeavour to provide a 10-business day turnaround. However, please note this is dependent on the complexity of the development and the correctness of the document submitted.

Unitywater will post all signed easement documents to the requested party by way of express post envelope for ease of tracking. 

No.  Unitywater is not supportive of building/structures in its easements. It is critical Unitywater can easily access its infrastructure to maintain and repair it, especially in an emergency. This may include using excavators, large vehicles and machinery.

You do not need approval for the following structures within a Unitywater easement:

• Residential fences
• Residential driveways
• Small plants and shrubs
• Eaves three meters or over the vertical clearance from ground level to the underside of the overhang
• A like for like replacement of an existing retaining wall.

The types of structures Unitywater will not permit in a Unitywater easement include:

• Advertising signs
• Children’s playground
• Decks
• Electrical conduit/cabling
• Fish ponds
• Flag poles
• Garages
• Gazebos
• Granny flats
• Houses or house extensions
• Hydrants
• Outdoor kitchen equipment
• Retaining walls
• Shade sails
• Sheds
• Spas
• Stairs
• Swimming pools

If in doubt, don't do any building work without the proper checks and planning.

Only in extenuating circumstances. 

It is important to note applications to build over or in the easement land are very rarely supported, and we strongly recommend you plan building works to remain outside of the easement land.

All of the following documents must be provided in support of your application and can be emailed to realestate@unitywater.com. If the documents are not provided your application will not be reviewed. 

1. Application for Easement Encroachment (F10155)

2. current title search for the property this application relates to

3. Easement Conditions Document relating to the easement over which you wish to encroach

4. a plan of the easement

5. design plans.

These documents (except for design plans) can be obtained from the Department of Natural Resources, Mines and Energy.

You can plant small plants or shrubs in the easement or over the pipes, just make sure you select species that will not damage the pipes. Before planting any trees or shrubs please consult our planting guide. 

Any illegal structure will need to be removed at the landowner’s cost, and should the landowner not comply with this requirement, Unitywater would exercise its rights and have any illegal structure removed at the landowner’s cost.

Can I surrender a Unitywater easement?

Yes, but, only if Unitywater does not have a current and/or future use for the easement.

Do I need Unitywater's consent to surrender an easement?

Yes, and in some cases, you will need your local Council's consent as well.