Quick Answer
A property title search WA reveals easements, restrictions, and third-party rights registered on the land. In Western Australia, buyers must check the Certificate of Title and the corresponding plan to identify easement locations, verify green title access, and review mining interests or caveats before settlement.
Why Easement Checks Matter in WA
Property due diligence WA requires looking past the marketing contract. Easements dictate what you can build and where you can access the property. A drainage easement through a backyard can stop a pool or extension. In Western Australia, specific title types like green titles and survey-strata lots carry distinct easement risks that buyers and developers must verify on official property records before committing.
Documents You Need to Order
A title search Western Australia involves three document types to fully assess easements:
- Certificate of Title: Lists all registered interests, including easements, restrictive covenants, and caveats in the second schedule.
- The Plan: The Diagram or Survey-Strata Plan shows the spatial footprint of the easement. An easement listed on the title but not drawn on the plan creates a gap in your due diligence.
- The Instrument: The dealing or instrument contains the exact terms of the easement—what it permits, who it benefits, and any maintenance obligations.
Always order the Current Title and the registered Plan. If the title shows an easement, order the related Instrument to understand the conditions.
Buyer Checklist: WA Easement Searches
Use this checklist when reviewing official property records:
- Order the Current Title / State Lease search to view the register.
- Check the second schedule for any easements, restrictions, or caveats.
- Match every listed easement to the registered Plan to confirm its physical location.
- Order the Instrument for each easement to read the terms, burdens, and benefits.
- Verify green title access (ensure an easement exists if the lot lacks street frontage).
- Identify common property easements if purchasing a survey-strata lot.
- Scan the title for mining interests or Section 40 notifications.
- Review any caveats to understand the nature of the unregistered interest.
WA Title Types and Easement Risks
Western Australia uses specific titling structures that dictate how easements apply.
| Title Type | Easement Risk Focus | Documents to Order |
|---|---|---|
| Green Title | Boundary access, sewerage, drainage rights | Current Title + Deposited Plan |
| Survey-Strata | Common property easements, driveway access | Current Title + Survey-Strata Plan |
| Strata Title | By-laws overriding easements, common property | Current Title + Strata Plan |
Local Risk Notes for WA Buyers
Green Title Access
A green title indicates a freestanding lot with no common property. If a green title lot sits behind another lot and lacks its own street frontage, it requires an easement for right-of-carriageway over the front lot. Check the title and plan to confirm this access exists and is legally registered, rather than relying on informal agreements.
Survey-Strata Easements
Survey-strata schemes allow individual lot ownership with common property managed by the strata company. Easements—such as drainage or vehicle access—can run over common property or directly over a specific lot. If your lot is burdened by an easement serving another lot, you must understand what maintenance or restrictions apply before you build fences or landscaping.
Mining Interests
In WA, the Crown retains rights to most minerals. However, titles can carry mining-related notifications under Section 40 of the Mining Act or specific mining tenements. These interests can severely limit surface land use. When completing a property title search WA, read the second schedule carefully for any reference to mining, as these rights can override your use of the land.
Rural Titles
For rural or semi-rural properties, standard easement checks are not enough. You must look for water rights, pumping easements, and right-of-carriageway for heavy agricultural equipment. These titles often have older, complex instruments that define access routes across vast distances. Order the original dealing to confirm the exact coordinates and maintenance liabilities.
Caveats
A caveat is a statutory warning that someone claims an interest in the property. While not an easement, a caveat stops further dealings on the title until resolved. If a caveat appears on the title, order the caveat document to identify the caveator and the nature of their claim—this is often a secured creditor or a party with an equitable interest.
Ordering Your Title Search
Through TitleFinder, you can order a Current Title / State Lease search for $74.50 AUD. This provides the official property records you need to begin your easement checks and assess any burdens on the lot. If the title references specific easements or caveats, you can order the corresponding plans and instruments directly through the platform.
Practical Note: This guide provides steps for property due diligence and does not substitute for legal advice. Always consult a qualified conveyancer or solicitor regarding your specific contract and title risks.
Frequently Asked Questions
What is a green title in WA?
A green title is a standard Certificate of Title for a freestanding parcel of land with no common property. It is the most unrestricted title type, but it still requires a title search to check for easements like drainage or access over neighbouring lots.
Do I need to order the easement instrument?
Yes. The Certificate of Title tells you an easement exists, and the Plan shows where it is, but only the Instrument tells you what you can and cannot do within the easement area. Always order the instrument if an easement is listed on the title.
How do mining interests affect my WA property?
WA mining interests or Section 40 reservations mean another party has the right to access or extract minerals from the land. This can restrict your building rights, limit land use, or require you to grant physical access to mining operators. Check the title second schedule for any such notifications.
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.
