Property Titles and Covenants

About property titles and covenants

A property title is a legal document that details parcel of land, who owns it and often restrictions which apply to the land.

A restrictive covenant is a private written agreement between land owners that limits the way land can be used and developed. For example, covenants can restrict materials you must use on your house, restrict development to be within a building envelope and also restrict further subdivision of land.

  • Covenants are often placed on titles by land developers.
  • Local councils don’t create or enforce them.
  • The City’s Planning Department does not have the legal authority to ‘waive’ the requirements of a Covenant.
  • A planning permit application can not be supported if your project does not meet the requirements of a restriction on title.
  • The planning system is only involved if there’s an application to remove or vary a covenant.  

Can I apply to remove or vary a Covenant?

Yes.; It is often possible to remove or vary a covenant, however it can take time, may be costly and involve certain requirements or 'tests' that can be difficult to satisfy. A solicitor and possibly a land surveyor would also need to be engaged to assist through this process.

Learn more about Covenants on the State Government website

 

How to download a property title:

1. Visit the Landata Website

2. Click on 'Property and title certificates'

2. Type in the address of the land

3. Select the top tick box

4. Register for the documents to sent

Your application will need a Register Search Statement, Copy of Plan and any restrictions (Covenants and 173 Agreements)

Additional tick boxes will be selected to download the restrictions.  

 


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