Quick Answer
A right of way on a Western Australia property title grants someone else the legal right to access or cross part of your land. Before settlement, order a current title search through TitleFinder ($74.50 AUD for a Current Title / State Lease search) and review the encumbrances section for easements, rights of way, and restrictive covenants. Check the deposited plan or survey-strata plan to see the physical location of any right of way. In WA, green title lots, survey-strata subdivisions, rural properties, and land subject to mining interests each carry distinct right-of-way risks.
What Is a Right of Way on a WA Property Title?
In Western Australia, a right of way is a type of easement recorded on the property title. It allows a person or entity—often a neighbour, utility provider, or local authority—to pass through a defined portion of the land. The right is registered against the title and binds current and future owners.
Right of way entries appear in the encumbrances section of the WA certificate of title. Each entry references a dealing number, which links to the registered instrument containing the full terms of the right.
Why Right of Way Checks Matter in WA
A right of way can restrict where you build, landscape, or fence. It can reduce usable land area and affect value. In rural WA, pastoral access tracks and mining-related rights of way may allow third parties to cross large portions of the property. On suburban blocks, a right of way might cover a shared driveway or utility corridor running through the backyard.
Buyers who skip the title search step sometimes discover after settlement that a neighbour has a registered right of way across their front yard—or that a mining company holds an access easement over part of a rural holding.
Green Title Lots: Right of Way Risks
Green title lots in WA are freehold lots without the common property arrangements found in strata. Because each green title lot stands alone, access to the lot often depends on rights of way recorded on the title.
- Check whether the lot has a right of way over a neighbour's land for driveway access.
- Check whether a neighbour holds a right of way over the lot you are purchasing.
- Review the deposited plan to confirm the right of way dimensions and position.
- Order the relevant dealing or instrument if the right of way terms are not on the face of the title.
Green title lots in older subdivisions may have poorly described rights of way. A current title search through TitleFinder shows registered encumbrances; if the right of way description is incomplete, order the instrument for the full details.
Survey-Strata Subdivisions
Survey-strata titles in WA allow subdivision without a full strata scheme. Common property—such as driveways or utility areas—may exist, but the title structure differs from built strata.
On survey-strata titles, check:
- Whether common property areas are burdened by rights of way in favour of utility providers.
- Whether the lot itself carries a right of way benefitting another lot within the scheme.
- The survey-strata plan for boundary definitions and common property areas.
Mining Interests and Right of Way
Western Australia's mining legislation creates access rights that can affect freehold title. A mining tenement or exploration licence may include a right of way for access to the mineral resource. This is a significant risk for rural and regional properties.
When ordering a title search right of way check on rural land:
- Look for mining-related easements or encumbrances on the certificate of title.
- Check whether a caveat has been lodged by a mining interest holder—this signals a potential claim.
- Consider whether a separate search of mining tenements is needed for the area covering the property.
Caveats and Right of Way Claims
A caveat on a WA property title can signal an unregistered interest, including an alleged right of way. While not all caveats relate to access, any caveat flagged on a title search warrants investigation. The caveat will name the caveator and briefly describe the interest claimed. Order the caveat document to assess whether it involves a right of way.
Rural Title Considerations
Rural and pastoral titles in WA often carry rights of way for:
- Stock routes and droving access.
- Neighbouring property access where no public road exists.
- Pipeline or utility corridors crossing the holding.
- Mining and exploration access tracks.
These rights of way can affect large areas. On a rural title search, review every encumbrance entry and match it to a map or plan of the property. If the right of way description references a deposited plan or survey, order that plan.
Right of Way Checklist for WA Buyers
- Order a current title search ($74.50 AUD through TitleFinder) for the property.
- Read the encumbrances section for any right of way, easement, or access covenant.
- Note the dealing number for each right of way entry.
- Order the relevant dealing or instrument to read the full terms of the right of way.
- Obtain the deposited plan or survey-strata plan to see the physical location of the right of way on the land.
- For green title lots, confirm whether the lot has a right of way benefit over neighbouring land.
- For survey-strata lots, review common property and any utility rights of way.
- For rural titles, check for mining access easements, stock routes, and pipeline corridors.
- Investigate any caveats on the title to determine whether they relate to access claims.
- Discuss any right of way findings with your conveyancer before settlement.
Comparison: Right of Way Risks by Title Type
| Title Type | Common Right of Way Risks | Key Documents to Order |
|---|---|---|
| Green Title | Driveway access over neighbour's land; neighbour's access over your land | Current title, deposited plan, dealing for each easement |
| Survey-Strata | Common property utility easements; inter-lot access rights | Current title, survey-strata plan, scheme by-laws if applicable |
| Rural / Pastoral | Mining access, stock routes, pipeline corridors, neighbour access | Current title, deposited plan, mining tenement search, cadastral map |
| Crown Lease (State Lease) | Purpose restrictions, access conditions, reservation easements | Current title / state lease, Crown lease document, deposited plan |
Frequently Asked Questions
Can a right of way be removed from a WA property title?
A right of way can only be removed if the beneficiary agrees to release it, or if an application is made to the relevant authority and the right is no longer required. Removal is not automatic and requires formal registration. If you are considering a property with a right of way, factor in the likelihood that it will remain on title.
Does a title search right of way check show unregistered access agreements?
No. A title search only reveals registered interests. Unregistered or informal access arrangements—such as a handshake agreement with a neighbour—do not appear on the certificate of title. If you suspect an informal arrangement, ask the vendor directly and raise the matter with your conveyancer.
What is the difference between an easement and a right of way on a WA title?
A right of way is a specific type of easement that grants passage across land. An easement is a broader term covering rights such as drainage, support, or utility access. On a WA certificate of title, both appear as encumbrances. A right of way will typically state it is for "right of carriageway" or "right of footpath" access, while other easements may reference sewerage, water, or electricity infrastructure.
This article is for informational purposes and does not constitute legal advice. Consult a qualified conveyancer or lawyer for advice specific to your transaction.
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.
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