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What's on your title?
Easements, caveats and covenants are not problems to avoid - they're important details about what you can and cannot do with your land.
Layers of interests.
Your property title records multiple layers of information. Each layer can affect what you can do with your land.
Ownership & Description
Who owns the property, the type of ownership (freehold, leasehold, cross lease), legal description, and land area. This is the foundation of your title.
Easements
Rights for others to use part of your land - access, utilities, drainage. These run with the land and transfer to new owners.
Covenants
Rules about what you can and cannot do - building restrictions, use limitations, maintenance requirements. Neighbours can enforce these.
Caveats
Notice that someone claims an interest. Usually prevents sale until resolved. Must be investigated before purchase proceeds.
Mortgages
Recorded security interests. The vendor's mortgage must be discharged on sale. Your new mortgage will be registered at settlement.
Rights others have over your land.
An easement grants another party the right to use part of your land for a specific purpose. Your land is the "servient tenement" - it bears the burden. The benefiting land is the "dominant tenement."
Practical Impact
Easements can prevent you from building over service lines, blocking a neighbour's access, or making changes that interfere with the easement's purpose.
Right of Way
A neighbour's right to cross your property to access theirs. Common for rear sections or properties without direct road access.
Utility Easements
Rights for power, water, gas, or telecommunications companies to run services through your property and access them for maintenance.
Drainage Easements
Rights for stormwater or sewage to drain across your property, often benefiting uphill neighbours or council infrastructure.
Caveats: Claimed Interests
A caveat is a warning notice that someone claims an interest in the property. It usually prevents sale until resolved.
Unpaid Loans
A family member who lent money for the deposit but hasn't registered a mortgage yet.
Contract Disputes
A buyer who paid a deposit but settlement fell through and they're claiming it back.
Relationship Property
A partner claiming an interest in property registered in the other partner's name.
Building Disputes
A contractor claiming payment for unpaid work on the property.
Important: If a caveat is registered against a property you are buying, the transaction usually cannot complete until the caveat is removed. Your lawyer will investigate who lodged it and why.
Covenants: Land Rules
Covenants are rules that bind landowners. Often created when land is subdivided to maintain standards or protect neighbours' enjoyment.
Minimum Dwelling Size
House must be at least 150m² or another specified minimum floor area.
Building Materials
Approved materials only - e.g., no corrugated iron roofing in some developments.
Maximum Height
Building height restrictions, often to protect views for other landowners.
Tree Protection
Restrictions on cutting certain trees or vegetation on the property.
Prohibited Activities
No commercial use in residential areas, or specific prohibited activities.
Fencing Requirements
Specific fencing styles, heights, or materials that must be used.
Who Can Enforce?
Neighbours who benefit from the covenant can enforce it. Breaching a covenant can result in court orders to remedy the breach and pay compensation.
What to check.
Get a Title Search
Your lawyer will obtain the record of title and all registered instruments (the documents that create easements, caveats, and covenants).
Understand the Practical Impact
Will the easement prevent you from building where you want? Do the covenants allow your planned use? Your lawyer will explain what each restriction means.
Consider Future Plans
Even if restrictions don't affect your current plans, consider whether they might limit future development or resale value.
Key Takeaways
Easements grant others specific rights to use your land (utilities, access).
Caveats warn of claimed interests and usually prevent sale until resolved.
Covenants are rules about what you can and cannot do with your property.
All three are registered on the title and transfer with the land.
Your lawyer will explain what each restriction means for your plans.
Understanding these before you buy prevents costly surprises.
Related Guide
Buying your first home? Our step-by-step guide includes a section on easements, caveats and covenants, and what they mean for your purchase.
Read the First Home Buyer's GuideRelated Reading
Property Title Considerations When Buying
Property titles reveal ownership, rights and restrictions on land. Learn what to check in a title search before buying property.
Buying a cross lease property
Cross lease properties can be more affordable, but they come with unique ownership structures, restrictions, and potential pitfalls. Know what you are buying before you commit.