Quick Answer
A right of way on a WA property title is an easement granting someone else the legal right to access or cross a portion of your land. Before buying, you must order a title search right of way to identify these easements, check if they restrict your building plans, and ensure the property has legal vehicle access, particularly on green title or survey-strata lots.
Why Right of Way Checks Matter in Western Australia
In Western Australia, right of way access dictates who can legally traverse a property. Failing to identify a right of way property title Western Australia entry can result in buying a block where neighbours hold access rights over your driveway, or where you lack legal access to a public road. These issues frequently appear on green title blocks, survey-strata subdivisions, and rural titles where shared driveways or rural tracks are common.
A right of way is a type of easement. It does not transfer ownership, but it does impose strict rules on what the landowner can do in the easement area. Ordering a current title search through TitleFinder for $74.50 AUD reveals these registered interests so you can assess the risk before settlement.
Buyer Checklist: Right of Way Access on WA Titles
Use this checklist when reviewing your title documents and official property records:
- Identify Easements on the Title: Check the second schedule of the current title for any registered easements. Look for wording like "right of carriageway" or "right of way". This tells you who has access and why.
- Order the Deposited Plan (Plan/Dealing): The title references a plan number. Order this plan to see the exact physical dimensions and location of the right of way over the lot. The text on the title tells you it exists; the plan shows you where it sits on the ground.
- Verify Legal Access to a Public Road: Does the lot physically touch a road? On rural titles, a property might be landlocked, relying entirely on a right of way over a neighbour's lot to reach the main road. Confirm this easement is registered, not just an informal local agreement.
- Check Survey-Strata vs. Green Title: Green title lots often rely on rights of way for services (sewerage, drainage) or shared driveways if they are battle-axe blocks. Survey-strata titles commonly include common property driveways or right of way easements over mutual reciprocal lots. Know which type you are dealing with.
- Review Caveats and Mining Interests: Check the title for caveats that might claim an interest related to access. In WA, mining interests can override surface rights. If your rural block has a mining lease, confirm whether the mining entity holds a right of way for extraction vehicles.
- Match Fences and Structures to the Plan: Compare the boundaries and the right of way area on the deposited plan to what is physically on the ground. Existing fences might encroach on the right of way, forcing you to rebuild them at your expense post-settlement.
Comparing Right of Way Risks by Title Type
Right of way access presents different risks depending on the WA property type. Here is how they compare:
| Feature | Green Title | Survey-Strata |
|---|---|---|
| Driveway Access | Often relies on an easement over a neighbour's lot (e.g., battle-axe block). | Usually shared driveways marked as common property or mutual easements. |
| Service Infrastructure | May have separate easements for water/sewer, requiring specific right of way access for maintenance workers. | Services often run through common property areas rather than individual lot easements. |
| Building Restrictions | You cannot build permanent structures over the registered right of way area. | By-laws may restrict what you build or park on the shared driveway area. |
| Typical Risk | Neighbour disputes over driveway maintenance costs or physical encroachments. | Disputes over common property usage and strata maintenance cost contributions. |
When to Order Plans and Dealings
A title search right of way shows you the registered easement exists, but the text alone does not show the physical impact on the block. You must order additional documents when:
- The right of way dimensions are unclear: Order the Deposited Plan or Survey Strata Plan to map the easement against the lot boundaries.
- You need to know the exact terms of access: Order the specific dealing/instrument number listed next to the easement on the title. This document spells out the maintenance obligations and who can use the right of way.
- There are mining interests or caveats: Order the underlying dealing for any mining interest or caveat to see if it includes surface access rights that could restrict your use of the property.
Rural Titles and Access Risks
On rural titles in Western Australia, right of way access carries higher stakes. Properties often span vast areas with only one track connecting a homestead to the main road. If that track crosses a neighbouring pastoral lease, your property value and utility depend entirely on that registered right of way. Never assume a historical farm track equates to legal access. Always verify the easement is formally registered on the current title and order the corresponding plan to ensure the physical track aligns with the legal right of way.
This information is for due diligence purposes. Always consult a qualified conveyancer or legal professional to interpret easement terms and their impact on your specific contract.
Frequently Asked Questions
Can I build a fence or garage over a right of way on a WA property?
No. You cannot permanently obstruct a registered right of way. Even if the dominant owner (the person who has the right to use it) currently never drives over that section, they can demand clear access at any time. You must order the deposited plan to confirm the exact boundaries before planning any structures.
What happens if a right of way is not on the official property records but is used locally?
If a right of way property title Western Australia entry is missing from official property records, it may be an informal arrangement, not a legally binding easement. If you rely on unregistered access, the neighbour can legally revoke it. You need a registered easement to guarantee long-term access.
Does a title search right of way show who pays for driveway maintenance?
The current title search will list the dealing number for the right of way. You must order that specific dealing document to read the terms. The dealing typically outlines whether maintenance costs are shared, or if the dominant owner bears the full cost of upkeep.
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.