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ARTICLE · 09 SEPTEMBER 2026

Easements And Property Development – Practical Tips To Navigate The Minefield

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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Easements present significant challenges in property development, from securing third-party consent for infrastructure connections to navigating strict statutory requirements under Queensland's Planning and Building Acts. Understanding when easement holder consent is mandatory, what legal remedies exist when landowners refuse cooperation, and how approval conditions requiring new easements can create project uncertainty is essential for developers navigating these complex property rights.

AustraliaReal Estate and Construction
Vanessa Thompson
Vanessa Thompson
Grace Chiari
Grace Chiari
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Easement issues frequently arise in property development – whether an existing easement affects the development land or a new easement is needed because of the development. This article identifies the key areas where easements can derail a development and sets out practical strategies for managing them.

Easements add complexity and risk to a development process. They can restrict how land may be used and, more critically, can require the consent of third-party easement holders during the development assessment process. Failure to obtain that consent can be fatal to a project.

Key issues that emerge time and time again include where:

  • a development requires a new easement for infrastructure over external private land

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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