Easements on WA Property Titles: Buyer's Risk Checklist

Quick Answer: An easement on a WA property title grants someone else the right to use part of your land—for access, drainage, utilities, or other purposes. Before buying, you must check the title and deposited plan to find any easement that restricts your use, affects building plans, or creates obligations with neighbours, mining interests, or Crown land.

What an easement means on a WA property title

An easement is a registered right that allows a person or entity to use part of your land for a specific purpose. The land benefiting from the easement is the dominant tenement; the land burdened by it is the servient tenement. In WA, common easements include rights of carriageway (vehicle access), rights of way (foot access), drainage easements, and sewerage or utility easements.

When you order a title search, easement details appear as registered encumbrances. The easement notation on the title references a specific plan or instrument—usually a deposited plan, strata plan, or a separate easement instrument—that shows the easement's physical location and terms.

Where easements appear in official property records

Easements in WA are recorded in two places:

• On the certificate of title: Listed under encumbrances or interests, referencing the relevant plan or instrument number.
• On the deposited plan or strata plan: The plan drawing shows the easement's physical location, dimensions, and type (e.g., "drainage easement 3.0m wide").

A current title search ($74.50 AUD through TitleFinder) shows you the encumbrance register. But if an easement notation references a plan, you may need to order the deposited plan or strata plan separately to see the easement's exact position on the property.

Green title easement risks

Green title (freehold) properties in WA are the most common form of land ownership. They carry no strata or survey-strata scheme, but easements can still burden the title. Key risks:

• Unseen access easements: A neighbour may hold a right of carriageway across your frontage, restricting where you can fence, landscape, or build.
• Utility easements: Water, gas, electricity, and telecommunications authorities often hold easements that prevent construction over or near their infrastructure.
• Drainage easements: Stormwater or sewer drainage easements can run beneath yards, blocking extensions or pools.

Always cross-reference the title's easement notations against the deposited plan to confirm where each easement falls on the lot.

Survey-strata easement considerations

Survey-strata titles divide land into lots without a building on each lot at registration. Easements on survey-strata titles often relate to:

• Common property access: Driveways or pathways shared between lots.
• Utility infrastructure: Pipes or lines running through the scheme for shared services.
• Boundary adjustments: Easements may exist to correct irregular lot shapes from the original subdivision.

Order the survey-strata plan alongside the title to see where easements sit relative to your intended lot.

Mining interests and easement interactions

WA properties—especially rural or semi-rural—can carry mining interests that operate alongside or instead of easements. A mining lease or prospecting licence may grant a third party access to extract minerals. This is not an easement, but the effect on your use can be similar: someone else has rights over part of your land.

Check the title for mining-related encumbrances. If present, order the relevant instrument or state lease document to understand the scope and duration of the mining interest.

Caveats vs easements: know the difference

Caveats are not easements. A caveat is a notice registered on the title by someone claiming an interest in the land—often a purchaser under an uncompleted contract, a mortgagee, or a party with a court order. A caveat blocks certain dealings with the title until the claim is resolved or withdrawn.

Both caveats and easements appear in the encumbrances section of a title search. Read each entry carefully to distinguish easement rights from caveat claims.

Rural title easement checks

Rural properties in WA frequently carry easements for:

• Stock routes: Rights for moving livestock across private land.
• Water access: Easements granting neighbours or the Crown access to water sources.
• Utility corridors: Large-scale power, gas, or pipeline easements that can span hundreds of metres.

Rural titles may also include Crown land easements where the state retains rights over part of the freehold. Order the deposited plan and any referenced easement instruments to confirm the full extent.

When to order additional documents

A title search shows you what is registered, but not always the detail. Order additional documents when:

• The title references a deposited plan or strata plan: Order the plan to see easement locations.
• An easement instrument number appears: Order the instrument to read the terms—width, depth, permitted use, and restrictions.
• Mining interests or state leases appear: Order the relevant lease or instrument to understand scope and duration.
• A caveat appears: Order the caveat document to identify the caveator and the interest claimed.

WA title types and easement risks compared

Easement buyer checklist for WA property

1. Order a current title search ($74.50 AUD) through TitleFinder.
2. Review the encumbrances section for any easement notations.
3. Identify the plan or instrument referenced for each easement.
4. Order the deposited plan or strata plan to locate the easement on the lot.
5. Order the easement instrument to read terms—permitted use, dimensions, restrictions.
6. Check for mining interests or state leases that may affect the property alongside easements.
7. Review caveats separately; confirm they are not mistaken for easements.
8. For rural properties, specifically look for stock route, water, and pipeline easements.
9. Cross-reference easement locations against your intended building or renovation plans.
10. Discuss any easement concerns with your conveyancer before settlement.

Frequently asked questions

Can I build over an easement on a WA property?

Usually no, unless you obtain consent from the easement's beneficiary. Building over a drainage or utility easement without approval can result in forced removal at your cost. Always check the easement instrument's terms before planning construction.

How do I find out if a WA property has an easement before buying?

Order a current title search through TitleFinder. The encumbrances section lists all registered easements, referencing the relevant plan or instrument number. Then order the deposited plan to see the easement's physical location on the property.

What is the difference between an easement and a caveat on a WA title?

An easement grants a right to use part of the land—such as access or drainage. A caveat is a claim of interest that blocks certain dealings with the title. Both appear in the encumbrances register, but they serve different purposes. Read each entry carefully to distinguish them.

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.