Quick Answer
To read a title search in WA, focus on the Encumbrances section to find easements, restrictive covenants, and caveats. Easements on a property title in Western Australia grant third parties the right to use a portion of your land—typically for drainage, access, or utilities. To understand the exact impact, you must order the associated plan or dealing instrument referenced in the entry.
How to Read a Title Search in WA
A Western Australian title search contains several distinct sections. To conduct proper due diligence, you need to know what each section tells you and when to order additional documents. When you order a Current Title / State Lease search through TitleFinder for $74.50 AUD, you receive the current official property records, but you must know how to interpret them.
The key sections to review are:
- Registered Proprietor: Confirms the current owner and how they hold the title.
- Encumbrances: The most critical section for buyers. This lists all easements, restrictive covenants, caveats, and mortgages affecting the land.
- Notifications: Alerts for mining interests, planning schemes, or heritage listings.
Understanding Easements on Property Titles in Western Australia
An easement grants a specific right over your land to another party. It does not transfer ownership, but it restricts your use of that area. When checking title encumbrances in WA, easements appear with a registration number and a brief description, but the title alone rarely shows the exact boundaries. You must order the referenced survey plan or instrument to see the physical location.
Common easements you will encounter include:
- Right of Way: Allows neighbours or the public to access a pathway or driveway on your land.
- Easement in Gross: Grants utility authorities the right to install or maintain infrastructure like sewers, water mains, or power lines.
- Party Wall Easement: Common in strata developments, dealing with shared walls.
WA Easement Comparison
| Easement Type | Who Benefits | What to Order |
|---|---|---|
| Right of Way | Adjoining landowners | Survey-strata plan or Transfer document |
| Easement in Gross (Utility) | Utility authorities or local council | Instrument of Easement |
| Restrictive Covenant | Original developer or specified lots | Dealing instrument (Section 129BA) |
Green Title vs Survey-Strata: Easement Differences
WA property types dictate how easements are created and displayed:
Green Title (Freehold)
A green title represents standard freehold ownership. Easements on a green title must be explicitly registered on the title search or created under the Transfer of Land Act. If the encumbrances section is clear, the land generally has no registered easements, though you should check the survey plan for implied easements.
Survey-Strata Title
Survey-strata titles often have common property and shared infrastructure. Easements for drainage, support, and utility access are typically created automatically by the Survey-Strata Scheme under the Strata Titles Act. These might not appear individually in the Encumbrances section; instead, you must order the survey-strata plan to see the burdened and benefited lots.
Other Title Encumbrances WA Buyers Must Check
Beyond standard easements, the Encumbrances and Notifications sections can reveal significant risks.
Caveats
A caveat is a warning that a third party claims an interest in the property—often a builder, a creditor, or a spouse. A caveat blocks the owner from selling or transferring the property until the claim resolves. If a caveat appears on the title, ask the vendor to remove it before settlement.
Mining Interests and Rural Titles
For rural properties, title encumbrances in WA frequently include mining interests. Western Australia has extensive mining activity, and the state retains rights to minerals. Check the Notifications section for:
- Mining Act tenements: Exploration licences or mining leases over the land.
- Reservations: The state reserves the right to enter the land for mining or timber.
When buying rural titles, you must order the relevant dealing instruments to understand whether mining companies have access rights to the property and where they can operate.
Practical Checklist: Reading Your WA Title Search
Use this checklist to ensure you do not miss hidden restrictions or third-party rights:
- Locate the Encumbrances section: Confirm if any easements property title Western Australia entries exist.
- Identify the easement type: Determine if it is a Right of Way, Easement in Gross, or covenant.
- Order the Survey Plan: For green titles and survey-strata, order the plan to see the exact physical dimensions of the easement.
- Order the Dealing/Instrument: If the title lists a dealing number, order it to read the full terms and restrictions of the easement or covenant.
- Check for Caveats: Note any third-party claims and instruct your conveyancer accordingly.
- Review Mining Interests: For rural titles, verify whether the Notifications section includes mining tenements or state reservations.
- Verify Title Type: Confirm whether the property is green title or survey-strata, as this dictates implied easement rights.
Frequently Asked Questions
Do all easements appear on a WA title search?
Most easements appear in the Encumbrances section of a green title. However, for survey-strata properties, certain easements for support, shelter, and utilities exist automatically under the legislation and may not be printed on the title search. Always order the survey-strata plan to see these implied rights.
Can I build over an easement on my property?
Building over an easement is generally prohibited without consent from the benefited party. If you have an Easement in Gross for a sewer main, the relevant authority can force you to remove any structure built over it to access the pipe. You must order the easement instrument to understand the exact building restrictions.
What is the difference between an encumbrance and a caveat?
An encumbrance is a registered interest like an easement, mortgage, or restrictive covenant that permanently affects the land. A caveat is a statutory warning that someone claims an unregistered interest, temporarily preventing any further dealings with the title until the dispute is settled.
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.