Quick Answer
A covenant on a Tasmanian property title is a private agreement restricting how you can use the land. When you order a title search, covenant details appear under the encumbrances section. Buyers must identify these restrictions—ranging from heritage building materials to rural subdivision limits—before signing a contract, as removing a covenant property title Tasmania restriction is difficult and costly.
What is a covenant on a TAS property title?
A covenant is a written condition tied to the land. Unlike a right of way (which gives someone access across your property), a covenant dictates what you can or cannot do on your own block. In Tasmania, these are common in older subdivisions, rural estates, and strata developments. They bind the current owner and all future owners.
Covenants are generally restrictive. A restrictive covenant stops you from doing something, like building above a single storey or keeping certain animals on the land. A positive covenant requires you to do something, such as maintaining a shared driveway, though enforceability of positive covenants varies. A title search covenant report will list the reference number, but you often need to order the specific instrument or plan to read the actual conditions.
Common Tasmanian covenant risks to check
Heritage and building material restrictions
Some Tasmanian titles, particularly in historic Hobart suburbs or rural estates, include covenants dictating exterior finishes. You might be restricted from using certain cladding, or required to maintain a specific roof colour. If the covenant TAS specifies "brick veneer only", a standard weatherboard extension could breach the terms. Always check the instrument text before planning any renovations or new builds.
Rural boundaries and subdivision limits
In TAS regional areas, a covenant often prevents further subdivision or restricts the number of dwellings on a single title. If you intend to build a second home or subdivide for profit, you must verify that the covenant property title Tasmania does not contain a "one dwelling per lot" clause or a "no further subdivision" restriction. Boundary fence obligations can also appear here, specifying who must maintain fences along rural lines.
Strata and community scheme by-laws
For units and townhouses, the strata by-laws operate as covenants on the title. These can restrict pet ownership, parking, flooring types, or renovations. Always order the strata plan and by-laws to confirm your intended use is permitted. Even internal modifications sometimes require specific approval under these schemes.
Historic title issues and expired developer covenants
Older titles may carry outdated covenants from developers long gone. Even if the original developer is defunct, these rules can remain enforceable by neighbouring lot owners. Identifying an obsolete or unenforceable covenant requires reviewing the historical instruments linked in official property records. Do not assume an old restriction no longer applies without checking the enforceability.
Right of way confusion
Buyers sometimes confuse covenants with rights of way. A right of way is an easement granting access. However, a covenant might dictate how that right of way is maintained or restrict you from blocking it. Both appear as encumbrances on the title and both require careful reading of the associated documents.
Buyer checklist: Checking a covenant TAS
Follow this list when reviewing your title search results:
- Locate encumbrances: Check the "Encumbrances" section of the current title for any listed covenants.
- Identify the instrument: Note the instrument number (e.g., a specific dealing number) attached to the covenant.
- Order the dealing: If the title only shows a reference, order the relevant instrument document to read the exact rules.
- Check the plan: Some covenants are drawn on the plan of subdivision (e.g., building envelopes or drainage reserves). Order the plan if the title refers to one.
- Assess enforcement: Determine who has the right to enforce the covenant—whether it is a neighbour, a body corporate, or a local council.
- Verify expiry: Check if the covenant has an expiry date or lapse clause. Some older developer covenants expire after a set period.
Covenant types and where to find them
| Covenant Type | Impact on Buyer | Where to Check |
|---|---|---|
| Building materials / Heritage | Dictates exterior construction, colours, or finishes | Instrument referenced on Title |
| Subdivision / Dwelling limit | Prevents splitting the lot or adding extra residences | Instrument or Plan of Subdivision |
| Strata by-laws | Controls pets, parking, renovations, noise | Strata Plan and By-laws document |
| Right of way / Easement | Grants access to others across your land | Encumbrances on Title and Plan |
When to order your title search
You should order a Current Title / State Lease search through TitleFinder for $74.50 AUD as soon as you identify a property of interest. Do not wait until settlement. The title search covenant details will show you if you need to order secondary documents like plans or instruments, which can take extra time to retrieve from official property records. Finding a restrictive covenant late in the process can delay settlement or force you to renegotiate the contract.
Frequently asked questions
Can I remove a covenant from a Tasmanian property title?
Removing or varying a covenant property title Tasmania restriction usually requires the consent of the beneficiary (the person who benefits from the covenant) or an application to a tribunal. It is a legal process with no guarantee of success, and you should never assume you can remove it later.
What is the difference between an easement and a covenant TAS?
An easement gives someone the right to use part of your land (like a right of way for driveway access). A covenant controls what you can do on your own land (like a rule banning certain fences). Both appear as encumbrances on a title search.
Does a title search show the actual covenant text?
A title search shows the existence of a covenant and its registration number. To read the full conditions, you must order the specific instrument or plan referenced in the search results from official property records. The title alone rarely contains the full text.
Note: This information is a practical guide, not legal advice. Consult a conveyancer or solicitor for advice on how a specific covenant affects your purchase.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- TAS Folio Text — $69.90
- TAS Folio Plan — $85.90
- TAS Torrens Scanned Dealing — $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.