Easements

Easements

An easement is a legal right to access and use land to benefit either another parcel of land, person or a prescribed authority. An easement is created over part of the land and is recorded on the Certificate of Title.

Easements are used to assist with a range of functions such as the installation, operation, repair and maintenance of infrastructure such as stormwater drainage, water and sewer mains, electrical services, gas lines and the like. Easements may also exist for right of footway, right of carriageway, right of access, for support batters, building overhangs, and to permit encroaching structures.

Council manages all requests relating to easements over Council-owned land. The following information will assist you in navigating the application process.

Easement Process

An application must be made to Council for the creation, modification or extinguishment of easements over Council owned land or where Council is the benefit to the easement. Council has broken down the application assessment process and easement registration into five stages as detailed below. All applications are subject to formal Council approval obtained in Stage 3.

  • Stage 1A: Preliminary Assessment 
  • Stage 1B: Owner’s Consent for Development Application Lodgement (If applicable)  
  • Stage 1C: Public Notification (Community land only)  
  • Stage 2: Negotiate Terms and Conditions  
  • Stage 3: Council resolution is sought to support the proposal and the agreed terms and conditions.  
  • Stage 4: Document preparation and execution  
  • Stage 5: NSW Land Registry Service (LRS) Registration  

Application Process

Applicants are required to lodge a completed Easement Application Form along with supporting documents and payment of the application fee to the Property Development Department.

Email:

Upload: to the Customer Self-Service Portal

Post: PO Box 60 Penrith NSW 2751

In person: Penrith Civic Centre, 601 High Street Penrith or St Marys Business Office, 207-209 Queen St, St Marys
Marked Attention: Property Development

View the Easement Fact Sheet for more information.

Fees and Charges

Council’s fees and charges for the creation, modification or extinguishment of easements can be viewed on the Rates, Payments & Fees webpage.

For more information, contact:

Property Development Team

02 4732 7777