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Easements

 

Find out about the legislation, procedures and practices involved in the creation and removal of easements over Crown (State) land in Western Australia.

What is an easement?

An easement is the right to use all (or part) of another person's land for a stated purpose. An easement can also restrict what a landowner can do on their land. Easements may be said to be either:

  • Express easements - that is, created by a deed between the grantor and the grantee, or incorporated into a Transfer of Land form
  • Implied easements - that is, created as a consequence of another land grant or process.

View the State Easements brochure

 

Legislation governing easements in Western Australia

Statutory easements are those created by a right given under a statute. Usually, except as modified by statute, easements are required to contain the essential characteristics of an easement at common law to enable them to be registered under the Transfer of Land Act 1893 (WA) (TLA). The essential characteristics of an easement are provided in the Land titles registration practice manual.

All easements may be granted and registered against both State land and fee simple land under the TLA. The relevant provisions for registering easements are set out in the TLA. The general law in respect to easements should also be taken into consideration.

Easements over State land are created under Part 8 of the Land Administration Act 1997 (WA) but can also be created under the general law and by agreement under the same principles as the creation of easements against fee simple land.

If you require more information please contact us.