Quick Answer
A covenant on a South Australian property title restricts or enforces specific land uses. When you order a title search, covenants appear under the encumbrances section. Buyers must read the full dealing text to understand building restrictions, boundary rules, or heritage conditions before settlement.
Why Covenants Matter in South Australia
SA operates under the Torrens title system, where the official property records constitute the absolute source of truth. If a covenant is registered on the title, it binds the current and all future owners. Ignoring a covenant property title South Australia entry can lead to council enforcement, forced alterations to your home, or legal disputes with neighbours.
Unlike easements, which give someone the right to use part of your land, covenants dictate what you can or cannot do on your own land. They commonly appear in new subdivisions, heritage areas, and community title developments.
Types of Covenants in SA
Restrictive Covenants
These limit how you use the property. Examples include restrictions on building materials (e.g., brick only), prohibitions on subdividing the land, or limits on the height of structures. In SA, restrictive covenants often run with the land, meaning they apply even after the property is sold.
Positive Covenants
Positive covenants require the owner to perform an action, such as maintaining a shared driveway or paying into a maintenance fund for community infrastructure. While less common on standard Torrens titles than restrictive covenants, they frequently appear in community title schemes.
Community Title Schemes
If you buy into a community title, the development contract and by-laws contain community covenants. These dictate standards for fences, pets, parking, and exterior colours. These rules apply to all lot owners within the community scheme.
Heritage Overlays
In SA heritage areas, covenants or encumbrances protect the character of historic properties. These can prevent you from altering the street-facing facade, removing mature trees, or painting the exterior without approval.
Buyer's Checklist: Checking a Covenant SA
- Order the Current Title: Search the official property records through TitleFinder to see the current state of the title. A Current Title / State Lease search is $99.00 AUD.
- Locate Encumbrances: Scan the title for the 'Encumbrances' heading. Covenants are listed here alongside easements.
- Note the Dealing Number: Each covenant has a registered dealing or instrument number.
- Order the Dealing: The title only lists that a covenant exists. Order the dealing or instrument to read the full covenant text.
- Check the Plan: Order the deposited plan to see if the covenant affects a specific section of the lot (e.g., a building envelope).
- Review Community By-laws: For community titles, read the community scheme documents to find the specific by-laws.
- Assess Risk: Does the covenant prevent your intended renovation, subdivision, or land use?
Restrictive vs Positive Covenants
| Feature | Restrictive Covenant | Positive Covenant |
|---|---|---|
| Action required | Stops you from doing something | Requires you to do something |
| Common example | No further subdivision | Maintain shared drainage |
| Enforcement risk | Neighbours or local council | Community corporation or council |
| Impact on value | Can reduce development potential | Can add ongoing maintenance costs |
When to Order Further Documents
A title search covenant entry will only show the dealing number and a brief description. To understand the exact rules, you must order the dealing or instrument. Do this when:
- The title lists an encumbrance with a covenant reference.
- You plan to build, extend, or subdivide.
- The property is within a heritage area or community title.
- You need to verify if an old covenant is still enforceable.
Always verify covenant details with your conveyancer before acting on a property purchase.
Frequently Asked Questions
Can I remove a covenant from a SA property title?
Removing a covenant SA is difficult. You generally need the agreement of the person who benefits from the covenant, or you must apply through the court or official property records authority to have it varied or extinguished. This process can be lengthy and is never guaranteed.
Does a title search show community title by-laws?
The standard title search identifies the community scheme and references the community plan. To read the specific by-laws and covenants, you need to order the community scheme documents or the relevant by-laws dealing.
What is the difference between an easement and a covenant?
An easement gives another party the right to use part of your land for a specific purpose, like a sewer pipe or right of way. A covenant dictates how you can use your own land, such as restricting building materials. Both appear under encumbrances on official property records.
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.
