How to Read Easements on a WA Property Title Search

Quick Answer

Easements on a Western Australia title search appear under the Encumbrances or Notifications section of the Certificate of Title. They describe rights held by another party to use part of your land for drainage, access, utilities, or mining. When you order a current title through TitleFinder ($74.50 AUD), the document lists every registered easement. The essential next step is reading the easement reference, then ordering the related plan or dealing to understand its exact location and terms.

Where Easements Appear on a WA Title

Official property records in WA register easements in two ways:

• As an encumbrance — listed in the Encumbrances section with a reference number (for example, Easement A123456). This confirms an easement exists but does not show its physical extent.
• As a notification — a lesser entry indicating a restriction or right affecting the title, often seen on survey-strata or green title lots in newer subdivisions.

The title document alone will not show the easement's surveyed position. For that, you need the deposited plan or strata plan referenced in the easement entry.

Common Easement Types in Western Australia

Right of Way / Access Easements

Grants a neighbour or authority the right to cross your land for vehicle or foot access. Common on battle-axe lots, rural subdivisions, and properties sharing a driveway. Check whether the easement benefits an adjoining lot or provides public access.

Drainage and Sewerage Easements

Allows water authority infrastructure through your land. You cannot build over or obstruct these easements without consent. The plan will show the pipe location and width — typically 1.5 to 3 metres along a boundary.

Utility Easements

Covers underground power, gas, telecommunications, and water mains. Less restrictive than drainage easements in some cases, but still limits where you can place permanent structures.

Mining Interests

WA titles in regional and rural areas may carry mining-related encumbrances. These grant access for resource extraction or register a claim overlapping your property. Mining interests do not always appear as standard easements — they may sit under separate encumbrance headings. If you are buying rural land, scan the encumbrances section for mining tenement references and order the associated instrument to read the scope of access rights.

Green Title vs Survey-Strata: How Easements Differ

On green title lots, the easement is a burden registered against the individual lot. On survey-strata schemes, easements can be drawn on the plan and may also create common property access rights shared by all lot owners. Always order the plan to see where the easement runs.

Caveats and Easement Claims

A caveat is not an easement, but it can signal a third-party interest affecting your use of the land. Caveats appear in the same encumbrances section. If a caveator claims an equitable interest — including an easement-style right — you need to read the caveat document to understand the claim. Caveats that prevent settlement are a separate risk from registered easements, but both appear in the same section of the title.

Checklist: Reading Easements on a WA Title Search

1. Order the current title through TitleFinder ($74.50 AUD) to see all encumbrances and notifications.
2. Locate the Encumbrances and Notifications sections on the title document.
3. Record every easement reference number and its type (right of way, drainage, utility, mining).
4. For each easement, order the referenced plan or dealing to map its physical extent on the lot.
5. Cross-check the easement position against your intended building envelope or development area.
6. On survey-strata titles, check the survey-strata plan for common property and access easements.
7. On rural titles, specifically scan for mining interests and separate tenement references.
8. Review any caveats separately — order the caveat instrument to read the claimed interest.
9. Confirm whether the easement benefits or burdens your lot — a benefit may add value; a burden restricts use.
10. Ask your conveyancer or surveyor to verify compliance with any easement conditions before settlement.

When to Order Additional Documents

The title search tells you what is registered. It does not always tell you where or on what terms. Order the following when you find easement or encumbrance entries:

• Deposited plan or survey-strata plan — when an easement is referenced by plan number. This shows the surveyed position and dimensions.
• Dealing or instrument — when the easement was created by a separate document (for example, a deed of easement). This contains the terms, maintenance obligations, and any consent requirements.
• Caveat instrument — when a caveat appears on the title. The instrument explains what interest the caveator claims.

These documents are not included in the standard title search and need to be ordered separately.

Frequently Asked Questions

Can I build over an easement on my WA property?

Usually not without consent from the party who holds the easement right. Drainage and sewerage easements are the strictest — most authorities prohibit any structure over the pipe zone. Right-of-way easements may allow minor encroachments like fencing, but check the easement terms in the dealing document before planning any work.

Do all WA title searches show easements?

Only if easements are registered against the title. Green title lots in established suburbs may have no easements at all. Newer subdivisions, battle-axe lots, and survey-strata schemes almost always carry at least one. If the Encumbrances section reads "Nil," no registered easements exist on that title.

Are mining interests the same as easements on WA titles?

No. Mining interests are separate encumbrances granted under mining legislation. They may allow exploration or extraction on your land. They appear in the encumbrances section but require different due diligence — you need to check the tenement type, expiry, and scope. For rural purchases, treat mining interests as a distinct risk category alongside standard easements.

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.