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Find out about the
legislation, procedures and practices involved in the creation and removal of
easements over Crown (State) land in Western Australia.
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
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.
Department of Lands
ABN 68 565 723 484