Easement

What an easement means when buying a property

An easement can let another landowner or an authority use land for a stated purpose. A driveway right of way and a drainage easement are examples. The practical question is which rights apply, where they apply and whether they affect the use planned for the property.

The label alone does not answer those questions. In Western Australia, Landgate's easement guidance explains how easements are documented and created. Use the relevant state's registry records and professional advice for a specific property.

Three documents to ask about

Ask the solicitor or conveyancer reviewing the purchase to explain the following records together:

Record	Question it helps investigate
Current title search	What interests are recorded against the land?
Registered plan	Where is the affected area shown?
Easement document or instrument	What are the rights and conditions?

NSW Government guidance for strata buyers gives a right of way as an example of an interest that may allow outside access and restrict building or renovations. It recommends having a solicitor or conveyancer explain the titling information in the contract.

A title search is also different from a building inspection. Neither a photograph of a driveway nor a visible drain explains the legal terms of an easement.

Worked example: a proposed garage

Consider an illustrative 600 square metre block with a 3 metre by 20 metre strip marked on the plan. The strip covers 60 square metres, or 10% of the block's area.

That arithmetic does not establish that 10% of the property's value is lost or that the whole strip is unusable. Before including a new garage in the budget, ask the conveyancer and relevant authority how the easement's location and terms interact with the proposed work. Obtain any required survey, design and approval information before treating the project as feasible.

The Property Purchase Cost Calculator can include quoted conveyancing and investigation costs in a buying budget. It cannot interpret an easement or estimate its effect on market value.

Common mistakes

• Assuming freehold ownership means there are no rights held by others.
• Treating access for one stated purpose as permission for every use.
• Assuming council approval resolves every title restriction.
• Assigning a fixed discount to a property because an easement exists.

A clear title search is not an all-purpose property clearance. Landgate's Property Interest Report explanation notes that only interests registered with Landgate appear on a WA certificate of title. Other matters affecting use can need separate investigation.

Related reading

Read the strata and standalone property comparison for shared-property budgeting and the building and pest inspection checklist for physical-condition checks.

Last updated: 11 September 2026. Sources checked on this date. General information and an illustrative example only, not legal, financial or valuation advice. The effect of an easement depends on its terms, the land and applicable law. Ask a solicitor or conveyancer and the relevant authority before relying on a proposed use or cost estimate.