Can Easement Rights Impact Your Property Value in WA?

Thinking of buying or selling real estate in WA? Here’s what you must know before signing any dotted line. One overlooked factor, like an easement on property, can change your property’s worth, its future use and even who has the right to walk across it.

WA’s property laws are precise, and if you’re not paying attention to easement rights, it could cost you far more than you imagine. Today, we will share with you how easement rights work and how they could affect the value of your property in Western Australia.

What Is an Easement and Why Should You Care?

An easement in property law is a right in law that permits the use or employment of part of another’s land for some specific purpose. It may be a common driveway, access to a water supply or right-of-way to walk. Harmless in intent, isn’t it? Truth is, depending on the nature and conditions, it can conditionally impact your use of land or drastically restrict what you are allowed to do on your property.

In WA, easements will be registered on the land title. That is, if you have one on your property, it is enforceable at law and does not terminate even when selling the property.

The Different Types of Easements You’ll See in WA

If you’re buying a home or land, you might come across one of several common easement types. Each can have a different effect on property value.

• Right of way: Someone else may legally travel through part of your land.
• Drainage easement: Your land might need to allow stormwater pipes or sewer lines.
• Service easement: Utility companies might have the right to access your property for maintenance.
• Reciprocal easement: A mutual agreement allowing shared access between two or more parties.

Even if you don’t see them every day, these easements can restrict renovations, landscaping, or development plans. That’s why many people rely on Perth property lawyers to check easement details before they make any big decisions.

Can an Easement Decrease Your Property Value?

It’s entirely true. Depending upon what type of easement and how much it impacts the property value might get reduced. For example, if you have a large utility easement running across the middle of your backyard, you can’t build on that space, fence it, or plant trees on it. That would reduce the price people would pay for it.

In most cases, a property easement is a dealbreaker. Families looking for privacy may avoid a block that includes an access easement others use regularly. Developers may walk away from land if an easement disrupts building plans.

Can You Remove or Change an Easement?

Short answer? Sometimes, but not always.

Easements are legal agreements, often registered on the title, and can be difficult to remove. If both parties agree, the easement can be amended or discharged, but it’s not a DIY job. It involves applications to Landgate, possible consent from other parties, and legal review.

This is where consulting property lawyers Perth, WA, is critical. They can help you understand your chances and guide you through the process if changes are possible. Just be warned, easement removal can be time-consuming and costly.

Should You Walk Away From a Property with an Easement?

Not necessarily. As mentioned earlier, not all easements have a significant impact. If the easement is managed well, doesn’t restrict key use, and you understand your obligations, it may not be a big deal.

The key is doing your homework.

Ask questions. Review the title. Understand the easement’s location, terms, and purpose. And always consult someone who knows WA law inside out, especially if you’re unsure whether it’s a red flag or just a typical quirk of property ownership.

You don’t need to panic; you just need the best property lawyer Perth on your side.

Conclusion

Purchasing property in WA is an exciting journey, but remember, with this journey comes risks and responsibilities, including easements. Unless they impede your intended use (access or building rights), easements aren’t always a deal breaker, but they will affect how you use your property and, occasionally, how others use your property as well.

If you’re concerned that there could be an easement affecting your property or any potential future intentions, be sure to engage with experienced property lawyers Perth who can provide the right advice at the right time to safeguard your rights, your land and long-term value.