Hi there. An easement is a legal right held by one property owner over another person’s property. There are many types of easement, but the most common is a ‘right of way’ easement that gives one property owner the right to traverse across a neighbouring property for access purposes. Easements typically exist in subdivided lots where a right of way is needed to access a main road.

You may find that an easement already exists in favour of your parents’ property. A registered easement will be listed on the Certificate of Title for the property that is burdened by the easement. You can obtain a copy of the Certificate of Title for your neighbour’s property by carrying out a title search on the Queensland Department of Natural Resources and Mines website (www.dnrm.qld.gov.au). Note that fees apply and you may need expert assistance in interpreting the document.

If an easement in favour of your parent’s property is not listed on the Certificate of Title, then it most likely does not exist. If no easement exists, you will be trespassing if you enter your neighbour’s property without their consent.

It is possible to create and register a new right of way easement in favour of your parent’s property. However, you would need to obtain your neighbour’s consent for this to happen as the easement will burden their property and potentially decrease its value. Note that an easement cannot unreasonably deprive your neighbours from using their own land.

Suggested way forward

You should start by determining whether a registered easement already exists in favour of your parent’s property. If it does not, you should speak to a property lawyer about your options for creating and registering a new easement over your neighbour’s land. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.