Registered easements

A registered easement is a set of legal rights and restrictions over land favouring a person or party registered on the property title. Registered easement widths can vary. The property title typically includes a plan showing the dimensions of the easement and its location on the property along with details of the specific terms applicable to the easement.

Registered easements exist irrespective of whether an unregistered easement (also known as Unregistered Wayleaves Agreements) also exists over the same area and they remain in effect regardless of land ownership changes and even if the infrastructure is removed.

The relevant legislation, which establishes the authority of registered easements, is the Land Titles Act 1980 or Registration of Deeds Act 1935. To perform a title search contact your legal adviser or perform an enquiry at the LIST.