Easements in Victoria: A Guide to Creation, Removal and Variation

When you buy or develop land in Victoria, you may discover that your property is burdened by an easement. Easements are common across Melbourne titles and often protect essential services such as drainage, sewerage, or provide access rights to others. But what happens if an easement stops you from building or reduces your development potential? In many cases, easements can be varied or removed, provided the right legal process is followed.

This guide explains the key pathways for easement removal or creation in Victoria, with references to the Subdivision Act 1988 (Vic), the Transfer of Land Act 1958 (Vic), the Victoria Planning Provisions (Clause 52.02), and Land Use Victoria requirements.

1. When is a Planning Permit Required? – Clause 52.02

Under Clause 52.02 of the Victoria Planning Provisions, you need a planning permit to create, vary or remove an easement or restriction on a plan. Each council applies this clause and may include local requirements in the schedule.

In practice, if you want to remove a drainage easement that affects your land, you will usually need to apply for a planning permit before a surveyor can prepare a new plan of subdivision or consolidation to alter the easement.

2. Pathways to Easement Creation or Removal

There are two main legislative pathways in Victoria:

a) Subdivision Act 1988 – Section 23 (More common approach.)

Easement removals are often dealt with by lodging a certified plan of subdivision or consolidation that shows the removal or variation. This requires:

• A Clause 52.02 planning permit (if applicable).

• Certification and Statement of Compliance from council (often managed electronically via SPEAR).

• Lodgement and registration at Land Use Victoria, which updates the Certificate of Title.

  
  

b) Transfer of Land Act 1958 – Section 73 & 73A

The Registrar of Titles may remove an easement recorded on the Register under s73 TLA, for example where:

• The easement is extinguished as part of a subdivision or consolidation.

• A planning scheme or permit authorises the removal.

• An easement or right of way has been abandoned (s73A TLA).

This pathway is commonly used where a right of way no longer serves its original purpose or is unused.

3. Process for Easement Removal in Melbourne

• Title and Plan Review – A licensed land surveyor checks your Certificate of Title and plan to identify the easement’s type, purpose, and beneficiaries.

• Consult with Council and Authorities – Confirm whether a Clause 52.02 permit is required and whether service authorities (such as water or power) consent to the change.

• Survey & Documentation – A plan is prepared, clearly showing the proposed removal or variation.

• Permit & Certification – Lodge planning permit applications, obtain certification and Statement of Compliance (via SPEAR).

• Lodgement at Land Use Victoria – Once all approvals are in place, the plan is lodged to formally update the Register and Certificate of Title.

  
  

4. Common Pitfalls

• Beneficiary consent not obtained, leading to delays or refusals.

• Attempting to remove easements that still contain active authority assets without providing approved engineering alternatives.

  
  

5. How We Can Help

At MG Land Surveyors, we regularly assist clients with:

• Identifying easements on title and assessing their impact.

• Preparing plans for easement removal or variation.

• Managing the planning permit, council certification, and authority referrals.

• Coordinating lodgement through SPEAR and registration at Land Use Victoria.

Our knowledge of local councils and authorities across Melbourne ensures your project proceeds with minimal delays and maximum clarity.

FAQs about Easement Removal or Variation in Melbourne

Can I move a drainage easement off my building site?

Yes, provided the drainage authority approves an alternative alignment and a new easement is created to replace the existing one. This usually requires a planning permit and plan of subdivision.

Do I need beneficiary consent to remove an easement?

Yes. The consent of all affected parties is generally required unless you apply through VCAT under s36 SA, which can override objections in limited cases.

How long does the easement removal process take in Melbourne?

Simple removals can take 2–4 months, depending on council permit timelines. More complex cases involving VCAT may extend beyond 12 months.

If an easement is stopping you from building or developing, speak to MG Land Surveyors. Our team can review your title, explain your options, and guide you through the easement removal or variation process with council and referral authorities.