Quick Answer
A covenant on a South Australia property title restricts or obligates the landowner. Before settlement, order a title search to identify any covenant SA entries, then request the associated dealing or instrument to read the full conditions.
What Is a Covenant on a SA Property Title?
A covenant is a binding condition registered on a property title. In South Australia, covenants can limit what you build, how you use the land, or require you to maintain something on the property. They bind current and future owners—not just the person who agreed to the original covenant.
Covenants appear as encumbrances on the title. A title search reveals whether a covenant is registered, but the full terms sit in a separate dealing or instrument document that you must order separately.
Types of Covenants in South Australia
Restrictive Covenants
These prevent the owner from doing something. Common examples include building height limits, single-dwelling requirements, facade material restrictions, or bans on commercial use. Restrictive covenants in SA can date back decades and remain enforceable on transfer.
Positive Covenants
These require the owner to do something, such as maintain a shared driveway, retain landscaping, or contribute to infrastructure upkeep. Positive covenants are less common on standard Torrens titles but appear more frequently in community title schemes.
Heritage Encumbrances
Properties within SA heritage areas or on state heritage registers often carry encumbrances restricting alterations, demolitions, or even paint colours. These function similarly to covenants and are registered on the title. If you see a heritage encumbrance, order the associated instrument before assuming you can renovate.
Torrens Title vs Community Title: Where Covenants Appear
Torrens Title: Most SA residential properties fall under the Torrens system. A covenant appears in the "Encumbrances" or "Restrictions" section of the title. The entry typically lists a dealing number—this is the reference for the document containing the actual covenant text. You need to order that dealing separately to read the conditions.
Community Title: Community titles (community strata or community scheme) often include by-laws that function as covenants. These restrict fencing, parking, pets, and building modifications. Order the scheme's by-law documents alongside your title search to see the full restrictions.
Covenant Types at a Glance
| Covenant Type | What It Does | Document to Order |
|---|---|---|
| Restrictive covenant | Limits building, use, or subdivision | Dealing/instrument number listed on title |
| Positive covenant | Requires maintenance or contribution | Dealing/instrument number listed on title |
| Heritage encumbrance | Restricts alterations to heritage-listed property | Heritage agreement or encumbrance instrument |
| Community by-law | Controls behaviour, parking, pets, modifications | Community scheme by-laws |
Buyer's Checklist: Covenants on SA Property Titles
- Order a current title search through TitleFinder ($99.00 AUD) to check the Encumbrances and Restrictions sections.
- Note every dealing number, instrument number, or encumbrance reference listed on the title.
- Order each referenced dealing or instrument to read the full covenant conditions.
- Check whether the covenant is registered or merely noted—registered covenants are enforceable on transfer.
- For community titles, request the full set of by-laws and scheme description.
- Identify whether any covenant has an expiry date or release condition.
- Confirm whether a heritage encumbrance applies by checking the Restrictions section on the title.
- Ask your conveyancer whether a covenant can be removed, varied, or has expired under SA property law.
- Re-check the title close to settlement—the official register can change between contract and settlement.
Common SA Covenant Risks
Covenants in SA can block subdivision, prevent second-storey additions, or force you to maintain shared infrastructure at your cost. Older subdivisions in Adelaide's inner suburbs often carry restrictive covenants limiting dwellings to one per allotment. Coastal developments may include design covenants controlling facade appearance and colour palettes.
If you are buying into a new estate, the developer's covenants may restrict fencing materials, garden types, or even the size of a shed. These are enforceable regardless of whether you read them before signing the contract.
Easements and covenants frequently appear together on SA titles. An easement grants a right of access or use (such as a drainage easement), while a covenant imposes an obligation or restriction. Both require separate instrument orders to read the full terms.
Frequently Asked Questions
Can a covenant be removed from a SA property title?
Some covenants can be removed or varied by application through the relevant authority or by agreement of all benefiting parties. Others, particularly restrictive covenants on older titles, may require a court order. A conveyancer can advise whether removal is realistic for your specific covenant.
Does a title search show the full covenant text?
No. A title search shows that a covenant exists and lists the dealing or instrument number. You must order the separate dealing document to read the full covenant conditions and any schedules attached to it.
Are community title by-laws the same as covenants?
They function similarly. Community title by-laws are binding rules registered against the community scheme. They control use, behaviour, and modifications within the scheme. Always order the by-laws when buying into a community title—relying on the title alone will not show the full restrictions.
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