Rights of Way: How They May Appear in Property Records

Plain-English Answer

A right of way on a property is an easement that permits specified people or entities — such as a neighbouring landowner or the public — to pass over a defined part of the land. The right may be for pedestrians, vehicles, or another stated purpose. The title and plan may identify that a right of way exists, but the registered instrument should be checked for its full terms, since the scope and enforceability of the right depend on how it was created.

Two terms come up often here:

• The dominant land is the land that benefits from the easement.

• The servient land is the land burdened by it.

What the Document Can Show

• Dominant & Servient Status — whether the title burdens the subject land (servient) or benefits it (dominant).

• Location & Physical Extent — where shown, the location, length and width of the right of way on the registered plan.

• Instrument Terms — access limitations (e.g., vehicular vs pedestrian-only) as documented in the registered dealing.

What It May Not Establish

• Maintenance Expense Allocations — register searches generally don't detail informal cost-sharing arrangements for driveways or path maintenance.

• Physical Access Barriers — a search won't reveal whether physical obstacles, such as gates or overgrown vegetation, are blocking access on the ground.

• Informal Usage Rules — unrecorded agreements between past neighbours won't appear on a title search, though that doesn't necessarily mean they carry no legal weight at all — some unregistered arrangements can still have legal consequences.

Practical Next Steps

• Perform a title search to check whether a registered right of way affects the land.

• Inspect the associated plan to confirm physical boundaries and dimensions, where shown.

• Obtain the registered dealing instrument to review the exact terms of use.

When to Seek Professional Advice

If there's a dispute over obstruction or maintenance responsibilities, a property lawyer can advise on your options. For questions about the exact physical boundary, a licensed cadastral surveyor should locate the right of way on-site — the legal interpretation of the instrument stays with a solicitor or conveyancer.

Related: What is an easement and how can it affect a property? · What is an encumbrance on a property title?

This article provides general information only and is not legal, conveyancing, surveying or financial advice. Property title terminology and procedures can differ between Australian states and territories. Check the relevant land registry records for your property and obtain professional advice for your specific situation.