Quick Answer
A covenant on a Western Australia property title restricts or obligates how you use the land. Buyers must check official property records for restrictive and positive covenants, especially on green title and survey-strata lots, to avoid building bans, material restrictions, or ongoing enforcement costs.
Understanding Covenants on WA Property Titles
When buying real estate, the physical condition of the property is only half the picture. The legal conditions attached to the land dictate what you can actually do with it. A covenant WA is a binding condition registered against the land. It runs with the land, meaning it binds every future owner, not just the original developer or buyer.
If you fail to run a title search covenant before settlement, you risk buying a lot where you cannot build a double-storey home, run a home business, or clear native vegetation. Identifying these restrictions early allows you to assess the risk, negotiate, or walk away.
Restrictive vs Positive Covenants
Restrictive covenants limit what you can do. Common examples include bans on certain building materials (like Colorbond roofs), height limits, or prohibiting commercial use. Positive covenants require you to do something, such as maintain a shared driveway or pay into a maintenance fund for a private road. Both types appear in the encumbrances section of the title.
WA-Specific Title Risks
Western Australia has specific land types where covenants hide significant risks. Do not assume standard residential rules apply everywhere.
- Green title lots: Unlike strata titles, green titles often lack statutory by-laws, so restrictive covenants do the heavy lifting for estate guidelines. Check for building envelopes and design codes that dictate building setbacks and materials.
- Survey-strata lots: Covenants here can dictate shared wall maintenance or common property duties that differ from standard strata schemes.
- Mining interests: In regional WA, covenants can restrict surface use to protect underground mining rights or access. A title search might reveal a mining interest that overrides your intended land use.
- Rural titles: Look for covenants protecting native vegetation, limiting fencing types, or restricting subdivision. These are common in rural residential developments.
- Caveats: While not covenants themselves, caveats often accompany them. Someone holding a covenant might lodge a caveat to ensure you acknowledge their interest before you register a transfer.
Practical Checklist: What to Check and Order
To verify land use restrictions, follow this document checklist:
- Current Title Search ($74.50 AUD): Order this first through TitleFinder. It shows all registered encumbrances, including covenants and caveats. This is the entry point for your due diligence.
- The Covenant Instrument: The title search will list a document number for the covenant. You must order this instrument to read the actual conditions. The title alone only tells you a covenant exists; the instrument tells you what it says.
- Survey Plan: For survey-strata or green title lots, order the plan to check for building envelope notes or easement overlaps that compound covenant risks.
- State Lease: If the property is a state lease, order the lease document. It holds specific use covenants enforced by the state, which can override standard land use expectations.
Comparison of WA Covenant Types
| Covenant Type | Typical Impact on Buyer | Where to Check |
|---|---|---|
| Restrictive | Blocks building height, material, or land use | Covenant Instrument |
| Positive | Forces maintenance payments or duties | Covenant Instrument |
| Building Envelope | Confines building area on green title lots | Survey Plan and Covenant Instrument |
| Mining Covenant | Restricts surface disruption or access | State Lease or Covenant Instrument |
When to Order Additional Documents
Always order the deed or instrument referenced in the title search. If the property is a survey-strata lot, get the survey plan. If a caveat is listed alongside a covenant, order the caveat document to understand the priority of claims and who holds the enforcement rights. Relying solely on the title summary without reading the supporting documents is a common buyer error.
This article provides practical information for property due diligence, not legal advice. Consult a conveyancer for advice on removing or varying a covenant.
Frequently Asked Questions
Can I remove a covenant from a WA property title?
Removing a covenant WA usually requires an application to the relevant authority or a court order. It is difficult, costly, and not guaranteed. Always assume the covenant will remain when assessing a property's value and utility.
Does a title search show the full covenant text?
No. A title search covenant reference only lists the document number and type. You must order the specific instrument or dealing to read the full conditions and understand exactly what is restricted or required.
Are green title covenants different from strata by-laws?
Yes. Strata by-laws govern scheme-specific rules and can sometimes be changed by the strata group. A covenant on a green title is a legal encumbrance registered on the title that is much harder to change, often requiring consent from the original developer or a court.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $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.
