Quick Answer
An easement registered on a Western Australia property title gives another party the right to use part of your land for a specific purpose — drainage, access, services, or right of way. In WA, easements appear on both green title and survey-strata titles, and they can override your building plans, restrict fencing, or grant mining companies surface access. Ordering a current title search through TitleFinder ($74.50 AUD for a Current Title / State Lease search) reveals every registered easement. You then order the relevant plan or instrument to read the exact terms, boundaries, and conditions.
Why Easements Matter on WA Titles
An easement property title Western Australia entry is not a theoretical risk. It is a legal encumbrance that runs with the land. If a drainage easement crosses your proposed building envelope, you cannot build over it without consent from the benefited party. If a right-of-carriageway easement runs along your boundary, the neighbour can drive across that strip forever. On rural titles, easements for mining access or petroleum pipelines can apply across hundreds of hectares.
Buyers who skip a title search easement review discover these restrictions after settlement — when it is too late to renegotiate the price or walk away.
Green Title Easements
Most standalone houses in WA are held under green title. Green title does not mean "no easements." Common green title easements include:
- Drainage and sewerage easements for water authority infrastructure
- Right-of-way easements for shared driveways
- Service easements for underground power or telecommunications
- Stormwater easements directing run-off across multiple lots
On a green title, the easement is typically described by a plan number and an easement code on the title. You need to order that plan to see the exact position and width. A title search alone tells you the easement exists; the plan tells you whether it blocks your renovation.
Survey-Strata Easements
Survey-strata titles are common for grouped dwellings and townhouses in WA. Unlike green title, survey-strata lots already share common property and are subject to a strata plan. Easements on survey-strata titles often govern:
- Shared driveways and car access
- Drainage infrastructure that runs between lots
- Service conduits beneath common property
- Party wall or boundary wall maintenance rights
Because the survey-strata plan itself defines lot boundaries and common property, always order the strata plan as well as the current title. The title will list registered easements; the plan shows their physical relationship to your lot and to common property.
Mining Interests and Easements on Rural Titles
WA rural and regional titles carry an additional risk: mining and petroleum easements. Western Australia's mining legislation allows registered interests that grant access, exploration, or extraction rights over private land. These can appear on the title as easements, mining leases, or statutory notifications. Even if the property is far from an active mine, a historical mining easement WA entry can resurface if a tenement holder acts on their rights.
When buying rural land, check the title for:
- Mining lease easements or notifications
- Petroleum pipeline easements
- Access easements granted to mining tenement holders
- Reservations in favour of the Crown for mineral rights
If any appear, order the relevant instrument to understand whether the easement is active, dormant, or expired.
Caveats and Unregistered Easement Interests
A caveat is not an easement, but caveats on WA titles can signal a party claiming an equitable easement or an interest based on a Deed of Grant. For example, a utility provider may lodge a caveat to protect a future easement before the registration process completes. If a caveat appears on your title search, read the caveat text carefully — it may describe an easement-like restriction that has not yet been formally registered. Order the caveat instrument to see the full claim details.
Easement Checks: Buyer Checklist
- Order a current title search through TitleFinder ($74.50 AUD) to see all registered easements and encumbrances
- Note every easement code, plan number, and instrument number listed on the title
- Order each referenced plan to confirm the easement's physical position on the lot
- For survey-strata, order the strata plan to see easements on common property
- For rural titles, check for mining, petroleum, or Crown reservation easements
- Check for caveats that may signal equitable easement claims
- Cross-reference easement positions against your intended building, fencing, or renovation plans
- If an easement restricts your use, seek legal advice on variation, removal, or compensation options
Comparison: Green Title vs Survey-Strata Easement Risks
| Check | Green Title | Survey-Strata |
|---|---|---|
| Easements listed on title | Yes — check title | Yes — check title and strata plan |
| Common easement type | Drainage, right of way, services | Driveways, drainage, party walls |
| Position shown on | Deposited plan | Survey-strata plan |
| Mining easement risk | Higher on rural lots | Lower — usually urban |
| Caveat risk | Utility or access caveats | Strata company or utility caveats |
| Documents to order | Title + plan + instrument | Title + strata plan + instrument |
When to Order Plans and Instruments
The title search tells you what exists. The plan and instrument tell you what it means. Order the deposited plan or survey-strata plan whenever an easement code appears on the title. Order the easement instrument when you need the full terms — who benefits, what activities are permitted, whether the easement is exclusive or non-exclusive, and any conditions on building over or near it.
For rural titles with mining interests, always order the mining instrument. The title notation alone will not tell you whether the easement is active, what surface disturbance it permits, or whether compensation applies.
Frequently Asked Questions
Can I build over an easement on a WA property?
Generally no, unless the benefited party provides written consent. Some drainage authorities allow lightweight structures over easements with conditions, but this varies. Always check the easement instrument for specific restrictions before submitting building plans to the local council.
Does a green title guarantee there are no easements?
No. Green title simply means the lot is held in fee simple without strata subdivision. Easements, covenants, and notifications can still be registered on a green title. A current title search is the only way to confirm what encumbrances apply.
How do I find out if a mining easement affects my rural property?
Order a current title search and review the encumbrances section for mining lease references, petroleum pipeline easements, or Crown reservations. If any appear, order the associated instrument to determine whether the easement is currently active and what rights it grants over your land.
Always verify easement details with a qualified legal professional before making purchase decisions. This article is for informational purposes and does not constitute legal advice.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.
