Selling Gold Coast Property with Easement Issues?
How to Navigate Shared Driveways, Access Rights, and Buyer Concerns
Selling a property on the Gold Coast is already a big task, but when your home comes with an easement or shared driveway, things can get complicated fast. Whether you’re in Burleigh Waters with a rear access laneway or in Southport with a stormwater drainage easement, buyers will have questions, and if they don’t get clear answers, they may walk away or demand a steep discount.
In this guide, I’ll walk you through everything you need to know about selling property with shared driveways or easement issues on the Gold Coast: the legal implications, potential buyer objections, and most importantly, how to manage and negotiate these concerns to ensure your sale stays on track.
What is an Easement and Why Should Sellers Care?
An easement is a legal right allowing someone else to use a portion of your land for a specific purpose. The most common ones include:
- Shared driveways: Access for a neighbouring property
- Utility easements: Allowing services like sewerage, power, or drainage
- Right of way: Letting someone cross your land to reach theirs
As a seller, the key issue isn’t just the existence of the easement, it’s how well it’s documented, how clearly it’s explained, and whether it raises red flags for your buyer’s solicitor.
Do Easements Decrease Property Value?
They can. If poorly managed or unclear, easements often:
- Lower buyer confidence
- Spark negotiation on price or sale conditions
- Delay the sale process during due diligence
That said, many homes on the Gold Coast have easements, particularly in older or more tightly packed suburbs. Handled right, they won’t necessarily kill your sale, but transparency is everything.
Legal Risks of Selling a Property with Easement Issues
1. Undisclosed Easements May Void the Sale
If you fail to disclose an easement, especially one that affects access or development potential, the buyer could withdraw from the contract under Queensland’s property disclosure laws.
2. Breach of Contract or Misrepresentation
If an easement is incorrectly described, or you claim a shared driveway is “exclusive” when it’s not, you could be liable for breach of contract or misrepresentation.
3. Obstructed Access or Unlawful Use
If your property blocks or misuses an easement, intentionally or not, it may be non-compliant. This can result in:
- Local council intervention
- Orders to remove structures or restore access
- Fines, or even lawsuits from affected neighbours
What Buyers Are Really Worried About
From a buyer’s perspective, shared or restricted access raises several anxieties:
- Can I renovate or extend near the easement?
- Who’s responsible for driveway maintenance?
- Can my neighbour block access in future?
- Will lenders have a problem with this during settlement?
If you’re not prepared to address these head-on, expect delays or lower offers.
How to Legally Prepare Your Property for Sale
1. Get a Current Title Search and Easement Plan
This document shows the legal footprint of any easements. Buyers will request it during their due diligence. Get it ahead of time to:
- Confirm what’s registered
- Ensure there are no surprises
- Provide clear answers early in the process
2. Review or Create an Easement Agreement (if shared driveway)
If your driveway is shared, a documented agreement outlining:
- Who maintains it
- Who pays for repairs
- Who can use it and when
…can dramatically reduce buyer hesitation. If no formal agreement exists, you may wish to work with your neighbour and a legal advisor to create one.
3. Talk to Your Conveyancer Before Listing
Your legal team can:
- Confirm what must be disclosed
- Help you draft special contract conditions
- Flag any compliance risks
This preparation helps your real estate agent handle objections with confidence.
How to Market the Property Honestly and Confidently
Avoid hiding or downplaying easement-related details. Instead:
- Mention them briefly but clearly in the listing
- Use phrases like “shared driveway with formal access agreement”
- Focus on benefits, e.g., “private rear laneway access” or “peaceful no-through lane”
Highlighting a well-managed easement can actually increase buyer confidence.
Negotiating Buyer Concerns During Contract Phase
Once under contract, the buyer may:
- Request documentation
- Raise concerns about access or development
- Attempt to renegotiate on price or conditions
Tips to Manage This:
- Respond Quickly with Documentation:
Title searches, plans, and agreements should be ready to share. - Don’t Dismiss Their Concerns:
Take a cooperative tone. Buyers are not being difficult—they’re protecting their future. - Lean on Your Agent and Legal Advisor:
Let them frame the conversation professionally. In many cases, buyer fears are worse than the reality. - Be Open to Negotiation:
If the buyer wants to reduce their offer or add contract conditions, weigh it carefully. A $5,000 drop might avoid weeks of delays or a terminated contract.
When the Easement Has Caused Problems Before
Maybe a previous buyer walked away, or neighbours have disputed driveway use in the past. These “soft” issues aren’t always recorded but are very real.
In such cases:
- Speak openly to your conveyancer about your concerns
- Consider proactive disclosure (even if not legally required)
- Offer buyer protections in the contract (e.g., special conditions)
Transparency builds trust, and trust gets deals done.
Special Case: Unregistered or Informal Access
Some Gold Coast properties, especially older ones, use informal rear lanes or agreements with neighbours. These can be:
- Legal timebombs if not registered
- Red flags to lenders and lawyers
- Fixable, if addressed early
Your Options:
- Work with a lawyer to formally register the access (can take time)
- Obtain neighbour agreement in writing
- Consider a price adjustment to reflect the issue
Selling as is might be possible, but not without transparency.
Council Restrictions, Zoning, and Future Development
Buyers may also want to know how the easement affects:
- Building a pool, garage, or granny flat
- Subdivision or dual occupancy
- Installing fences or landscaping
Encourage them to check with Gold Coast City Council and offer any prior correspondence you’ve had with council about these topics.
Final Tips for a Smooth Sale
- Document everything upfront; title search, plans, agreements
- Disclose clearly and early
- Frame the easement as a feature, not a flaw
- Choose a real estate agent who understands legal complexity
- Have your legal team ready to advise at every step
You Can Still Sell a Property with an Easement, Successfully
Selling a Gold Coast property with shared driveways or easement issues isn’t impossible. In fact, with the right preparation, it can be smooth and straightforward.
The key is to anticipate buyer concerns, present solid documentation, and show that the easement is not a liability, but simply a known, well-managed part of the property.
Need help selling your Gold Coast home with confidence, even if access or easement issues are in play? Get in touch today for expert guidance that makes the complex feel simple.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
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This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight”.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
