Easements - A few recent legal issues to learn from
July 24, 2026
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Access over an easement on someone else’s land often seems innocuous enough, however we have recently assisted a few clients on issues which highlight some of the disputes that can arise in relation to that use.
The first example centers on a common situation for farmers. Typically, the grant of an easement allows the user of the dominant tenement to have unobstructed use of the easement land over the servient tenement. On farms, an easement may have fences and gates across it. It is a common industry practice to leave gates as you find them, if open, to leave the gate open and vice versa.
In our example, the users of the dominant tenement refused to close these gates, despite having legal advice stating that the gates were not an obstruction. This dispute is currently before the Supreme Court.
Our second example is a lesson to ensure that the detailed survey plan matches the physical location of the easement, prior to registration of the easement on the relevant land titles.
In this situation, the surveyed easement which was registered on the titles did not actually reflect the actual roadway being used. Whilst the roadway being used ran along the boundary, the surveyed and registered easement essentially ran through the middle of the property.
This situation potentially creates difficulties for both the dominant and servient tenement owners, including in relation to maintenance obligations and enforcement of rights.
In the third example, our clients were asked to grant an easement over their land to the holder of a leasehold interest on the neighbour’s land. The easement was required for a power transmission line from a wind farm power generator.
Wind farm leases and easements are becoming increasingly common over farm land and require consideration of some quite different issues due to the regulatory and safety issues that surround power generation and transmission. The commercial incentives for such long term projects are also key components of these agreements.
If you would like further information in relation to how the above matters may affect your business, please contact us on (08) 9321 5451 or by email at phil@bailiwicklegal.com.au.
For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au
The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

Bailiwick Legal is pleased to have advised Consolidated Pastoral Company (CPC) on its acquisition of Madura Plains Station , one of Australia's largest sheep and wool enterprises. Located on the Nullarbor Plain, Madura Plains spans more than 700,000 hectares and is recognised as one of the country's most significant pastoral properties. The acquisition follows CPC's purchase of neighbouring Rawlinna Station , with Bailiwick Legal also acting for CPC on that transaction. Together, the acquisitions represent a significant investment in Australian agriculture and reinforce CPC's long-term commitment to the sheep and pastoral industries. The sale of Madura Plains involved far more than the transfer of land. Like many large-scale rural transactions, the matter required careful coordination across multiple legal and commercial elements, including property, business assets, contractual arrangements and settlement requirements. Associate Director Matilda Lloyd led the Bailiwick Legal team on the transaction, overseeing all aspects of the matter from contract negotiations through to settlement. "T he sale of Madura Plains Station highlights the complexity and breadth of modern rural transactions. While the transfer of land is often the most visible component, transactions of this scale involve a wide range of legal and commercial considerations that require careful planning and coordination. It was a privilege to support our client, Consolidated Pastoral Company (CPC), through this significant milestone and help deliver a successful outcome. " Matilda Lloyd, Associate Director While transactions of this scale are uncommon, many of the same legal considerations apply to farming businesses across Western Australia. Whether clients are acquiring land, restructuring their business, planning for succession or preparing for sale, early planning and experienced legal advice are essential to achieving successful outcomes. Bailiwick Legal also acknowledges the outstanding contribution of our conveyancer, Tessa Meegan , whose professionalism, attention to detail and commitment throughout the transaction were instrumental in achieving a successful settlement. Significant rural transactions rely on a collaborative team approach, and Tessa's work reflects the high standard of service Bailiwick Legal is proud to provide. With extensive experience acting on complex rural property and agribusiness transactions, Bailiwick Legal continues to support farming families, pastoral businesses and agricultural investors through some of the industry's most significant acquisitions and strategic business decisions. For assistance with all of your agribusiness needs, contact Bailiwick Legal: West Perth Office on 08 9321 5451 or email office@bailiwicklegal.com.au Bridgetwoen Office on 08 6288 6240 or email bridgetown@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

Bailiwick Legal has been honoured to support Forever Wild over the past few years as they delivered one of the most significant conservation land acquisition programs undertaken in Western Australia. Our team assisted Forever Wild with the strategic purchase of four pastoral stations, Narndee , Boodanoo , Meeline and Challa , transactions that now connect three State Reserves and protect more than 12,000 square kilometres of land. To put that scale into perspective, the combined area is approximately five times the size of the ACT and nearly one-fifth the size of Tasmania . Navigating complexity at scale These were not straightforward property transactions. Each acquisition involved: Multiple pastoral leases Layered regulatory and approval pathways Significant operational and on-ground assets Numerous stakeholders across government, industry and land management Our role was to guide Forever Wild through this complexity with clarity, precision and confidence, ensuring each transaction progressed efficiently while managing risk and safeguarding long-term objectives. “ Forever Wild is creating a world-leading model for nature funding that demonstrates we can manage viable, working pastoral stations whilst also restoring and protecting local ecological flora and fauna, and engaging and supporting Indigenous people and local communities. Complex & challenging, but this initiative could literally change the world .” Jessica Brunner - Director, Bailiwick Legal A growing and evolving legal landscape Large-scale conservation acquisitions sit within an emerging and increasingly complex legal field , intersecting land tenure, pastoral regulation, environmental frameworks and commercial considerations. These matters demand a deep understanding of both the legal mechanics and the practical realities of operating in regional and remote Australia. Our team’s experience in agribusiness, pastoral land transactions and regulatory approvals allowed us to support Forever Wild at every stage, from strategic structuring through to completion. Proud to support leadership in nature finance Forever Wild is widely recognised as an industry leader and a steadfast advocate for nature finance initiatives , helping pave the way for greater accessibility and innovation in conservation funding and land stewardship. We are proud to have contributed our relationships, expertise and practical legal insight to help Forever Wild achieve its vision, and to have played a role, however small, in shaping a groundbreaking future for conservation in Australia. At Bailiwick Legal, we value the opportunity to work alongside organisations that are thinking long-term, acting boldly, and creating outcomes that extend well beyond the transaction itself. For assistance with all of your agribusiness needs, contact Bailiwick Legal on 08 9321 5451 or email office@bailiwicklegal.com.au For further information about our legal services, please visit our website: https://www.bailiwicklegal.com.au The above information is a summary and overview of the matters discussed. This publication does not constitute legal advice and you should seek legal or other professional advice before acting or relying on any of the content.

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