Property titles and covenants

About property titles and covenants

A property title is a legal document that details a 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 unit 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
How to access a certificate of title (Landata)