A building inspection tells you about the physical condition of a property. It won't tell you whether your neighbour has a legal right to run drainage through your backyard, or whether that side fence actually sits on your land at all. Those are boundary and title matters — and they deserve just as much attention.
Easements and encroachments are surprisingly common, especially in Melbourne's established suburbs where properties have been subdivided, extended, and re-fenced multiple times over decades. Most don't cause problems day to day — but the ones that do can be genuinely disruptive and costly to resolve.
The Key Distinction
A building inspection assesses physical condition. Easements, encroachments and boundary discrepancies are legal and title matters — identified through a title search, survey, or your conveyancer's review of the contract, not through a physical walk-through of the property.
What an Easement Actually Is
An easement gives someone else a legal right to use part of your land for a specific purpose — commonly for drainage, sewerage, or shared access. It doesn't transfer ownership, but it can restrict what you're able to build or plant in that area, and it stays with the property regardless of who owns it.
What an Encroachment Is
An encroachment occurs when a structure — a fence, shed, garage, or even part of the main dwelling — extends across a property's legal boundary onto a neighbouring lot, or vice versa. These are often historical, sometimes going unnoticed for decades, but they can complicate future sales, renovations, or boundary disputes.
| Issue | What It Means | How It's Identified |
|---|---|---|
| Easement | Legal right for someone else to use part of your land | Title search, Section 32/contract disclosure |
| Encroachment | A structure crosses the legal property boundary | Survey, title plan comparison |
| Boundary discrepancy | Fence line doesn't match the legal title boundary | Survey compared against title documents |
| Right of way | Shared access rights across part of a property | Title search, historical plan review |
Why This Matters Alongside Your Building Inspection
- 1Renovation & Extension Limits
An easement over part of your block can restrict where you're legally able to build.
- 2Fence & Structure Disputes
An encroaching structure may need to be removed or negotiated with a neighbour at your cost.
- 3Future Resale Complications
Unresolved boundary issues can complicate or delay a future sale.
- 4Access Rights
Right-of-way arrangements can affect how you and neighbouring properties use shared driveways or paths.
Who Handles What
Building condition and title matters need different specialists.
Your Building Inspector
- Assesses physical condition — structure, defects, and general condition of what's built
Your Conveyancer or Solicitor
- Reviews the title, contract and Section 32 for easements, covenants and disclosed encroachments
A Licensed Surveyor
- Can confirm actual boundary lines if a discrepancy or undisclosed encroachment is suspected
Frequently Asked Questions
Will my building inspector tell me about easements?
Generally no — this falls outside the scope of a physical building inspection. Easements are identified through title and contract review, which is your conveyancer's role.
Are easements always disclosed before I buy?
Registered easements should appear in the Section 32 vendor statement, but it's worth having your conveyancer specifically confirm what they mean practically for your intended use of the property.
What if I discover a fence isn't on the actual boundary after I've bought?
This is a conversation worth having with your conveyancer or a solicitor, and potentially a licensed surveyor, to understand your options — resolution can range from a simple neighbour agreement to a more formal process.
Does an easement reduce a property's value?
It depends on the type, location and extent of the easement — a small drainage easement along a side boundary is generally less impactful than one that restricts a significant, usable part of the block.
Get the Physical Condition Covered — And Know Who Covers the Rest
Our inspections give you the full picture on structure and condition, working alongside your conveyancer's title review.
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