Quick Answer
A covenant on a Queensland property title is a legally enforceable restriction or obligation registered against the land. It can limit what you build, how you use the property, or whether you can subdivide. A standard title search lists registered covenants, but you often need the survey plan or the original dealing instrument to understand their full effect. Order your title search through TitleFinder for $74.50 AUD and review every encumbrance before signing a contract.
What Is a Covenant on a Queensland Property Title?
A covenant is a written agreement registered on the title that binds the current and future owners of the land. In Queensland, covenants appear as encumbrances in the official property records. Unlike easements, which grant someone a right over your land, covenants dictate what you can or cannot do with the land itself.
Covenants run with the land. The obligation passes automatically to every subsequent owner, regardless of whether they agreed to it or knew about it at the time of purchase.
Common Types of Covenants in Queensland
Restrictive Covenants
These limit what the owner can do. Examples include restrictions on building height, exterior materials, fence types, or the number of dwellings permitted on a lot. They are common in newer residential estates where the developer wants to maintain a consistent streetscape.
Positive Covenants
These require the owner to do something, such as maintain a shared driveway, contribute to drainage infrastructure, or upkeep a retaining wall. Positive covenants carry ongoing cost obligations that survive ownership changes.
Building Covenants
A subset of restrictive covenants, these specify minimum construction standards: minimum floor area, time limits to build after settlement, or mandatory design approval processes enforced by a body corporate or developer.
Why Missing a Covenant Creates Risk
Settling on a property without reviewing its covenants can create immediate problems:
- Building plans rejected: Council approvals can be overridden by a covenant that imposes stricter limits than local planning schemes.
- Subdivision blocked: A covenant prohibiting further subdivision can render a large block worthless for development purposes.
- Ongoing costs: Positive covenants for shared infrastructure can levy unexpected contributions on owners.
- Coastal and flood-prone land: Properties in Queensland coastal zones often carry covenants related to erosion-prone areas, tidal impact zones, or flood mitigation works. These can restrict rebuilding after storm damage.
- Resale damage: Buyers and their conveyancers will discover covenants on your title when you sell. Unfavourable covenants reduce market value and extend time on market.
What to Check: Practical Buyer's Checklist
- Order a current title search. This lists every registered covenant by reference number. A Current Title / State Lease search through TitleFinder costs $74.50 AUD and shows all encumbrances currently registered.
- Match each covenant to its dealing instrument. The title entry shows only a reference number and a brief description. The full text of the covenant, including its specific conditions, lives in the registered dealing. Order the instrument separately if the title note is unclear.
- Check the survey plan. Covenants sometimes reference specific lots on a plan of subdivision or relate to easements shown on the survey plan. Cross-reference lot boundaries and easement locations against the covenant's spatial restrictions.
- Identify the benefited party. Determine who enforces the covenant. It may be a neighbouring owner, a body corporate, or the original developer. Knowing who benefits tells you who can take action for breach.
- Check expiry or release conditions. Some covenants include sunset clauses or conditions for removal. Others are perpetual. Do not assume a covenant will lapse over time.
- Review body corporate records. If the property is within a community titles scheme, body corporate by-laws may add further restrictions that overlap with or reinforce title covenants.
- Assess coastal and flood overlays. For properties near Queensland coastlines or waterways, check whether covenants interact with erosion-prone area declarations or flood mitigation obligations.
When to Order Additional Documents
| Situation | Document to Order | Why |
|---|---|---|
| Covenant reference on title is vague | Dealing instrument | Full covenant text with conditions |
| Covenant references a plan of subdivision | Survey plan | Spatial boundaries and lot layout |
| Property is in a body corporate scheme | Body corporate records | By-laws that reinforce or duplicate covenants |
| Coastal or flood-zone property | Dealing instrument + survey plan | Check interaction with tidal and erosion restrictions |
| Contemplating subdivision or renovation | Dealing instrument | Confirm covenant does not block intended works |
Covenant vs Easement: Know the Difference
Buyers often confuse covenants with easements. An easement grants a third party the right to use part of your land, such as a right of carriageway or a drainage easement. A covenant controls what you can do with your own land. Both appear on the title search, but their legal effects differ. A property can carry both, and each requires separate review during due diligence.
Frequently Asked Questions
Can I remove a covenant from a Queensland property title?
Removing a covenant usually requires the consent of the benefited party or an application to the court. It is not automatic and there is no guarantee of success. Some covenants include release conditions; check the dealing instrument for any such provisions before assuming removal is possible.
Does a title search show unregistered covenants?
No. A title search only shows covenants registered on the official property records. Unregistered or equitable covenants may exist through separate agreements, particularly in off-the-plan purchases or contracts with developers. Your solicitor should review the sale contract for any covenant-like obligations not yet registered.
Are building covenants in new estates enforceable after the developer leaves?
In many Queensland developments, the developer transfers enforcement rights to a body corporate or a nominated third party before exiting. Check who the current benefited party is on the title and whether enforcement rights have been assigned. If no party remains to enforce, the covenant may be defunct, but it stays on the title until formally removed.
This article is for informational purposes only and does not constitute legal advice. Consult a qualified solicitor for advice specific to your transaction.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- Current Title / State Lease — $74.50
- Image of Survey Plan (SP/RP) — $85.90
- Image of Dealing Instrument — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.