An easement denotes a right connected to a piece of land allowing a person(s) or company to make use of the land in a specific manner or to confine its use in spite of the fact that the land is held by someone else.
Following the Transfer of Land Act (WA) 1893, registration of easements can be done against freehold or Crown land. Easements can be expressed as well as implied easements. An easement made by an agreement between the parties could be an example of an express easement; and an implied easement comes about when there is a specific course of conduct over time.
The easement types that you may register are diverse and could be as straightforward as carriage way to the right of taking water from a bore or well to the right of installing, maintaining and operating oil and gas as well as other pipelines. Our lawyers , rendering service on property law easements Perth are always there to help you with the legal advice on easements.
Property Lawyers Perth is much experienced in assisting and advising clients in respect of easements, involving:
(1) Formation of express easements by deed
(2) Formation of express easements by integration into a Transfer
(3) Formation of Easement on Subdivision Plans under Part IV of the Transfer of Land Act (WA) 1893
(4) Dispute on the subject of easements
(5) Registration and elimination of easements.
If you need legal advice with respect to easements, you may contact property lawyers Perth through email or phone.
An easement is a legal right that allows a person, business, or authority to use another person’s land for a specific purpose without owning it. Common examples include rights of way, shared driveways, utility access, drainage, and pipeline easements. Easements can be created by agreement, legislation, or long-term use, depending on the circumstances.
Easements in Western Australia can be created through a deed, included in a property transfer, registered as part of a subdivision under the Transfer of Land Act (WA) 1893, or arise through legal implication. Proper registration helps protect the rights and obligations of all parties involved and reduces the risk of future property disputes.
Yes. An easement may be varied, surrendered, or removed if the legal requirements are met and all affected parties agree, or where permitted by law or a court order. Legal advice is recommended before making any changes, as removing an easement can affect property rights and future land use.
Easement disputes commonly involve access rights, maintenance responsibilities, boundary issues, or alleged misuse of the easement. A property lawyer can review the registered documents, negotiate a resolution, and represent you in legal proceedings if the dispute cannot be resolved through agreement.
Our experienced property lawyers provide practical legal advice on creating, registering, interpreting, varying, and resolving disputes relating to easements. We work closely with property owners, developers, and businesses to protect their legal interests and ensure compliance with Western Australian property law.
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