WA Caveat for Access to Water?

[Kerri]

We have a house on 400 acres in Western Australia. On the land is a spring which we share with my parents on a neighboring property. We want to sell our property but obviously our parents are concerned about losing the rights to the water. (gets extra tricky as the land was gifted to us by them 20 odd years ago).

They currently don't use this water but still have a windmill on it and would use it if their current supply is affected. My question is would we be able to lodge a caveat or interest of some sort on the title giving them access to the water for say 10 or 15 years (they are currently in their seventies) before selling it? And if so what affect would that have on the ability of purchasers getting mortgages etc?

 

[Rob Legat - SBPL]

The law differs in each state, but what you're probably looking at is getting an easement registered over the land for water rights and access. You will need to get a lawyer to prepare the easement document which sets out the rights, and a surveyor to prepare a survey plan setting out the location and boundaries. The easement then gets registered over the title.

Easements are usually permanent, so if you want it to be temporary you'll need to get some advice on that too.

 

[Tripe]

Your parents need to have a “Profit à Prendre” over the water source on your land, this is similar to an easement, but it will allow your Parents to “take from the ground”

In general, easements don’t not allow another person the right to take from another persons land.

A profit à prendre can have set time limits.

You both, will need to agree to this being put in place, and you will require a lawyer to prepare the paperwork.