Quick Answer
A covenant on a WA property title is a legally binding restriction or obligation regarding land use. Buyers must order a current title search to identify any covenant property title Western Australia entries, then retrieve the specific instrument to read the full rules before committing to a purchase.
What is a Covenant on a WA Property Title?
When you buy real estate in Western Australia, the official property records outline your rights and restrictions. A covenant is an encumbrance that dictates what you can or cannot do with the land. Restrictive covenants limit actions—such as prohibiting certain building materials or banning commercial use. Positive covenants require you to do something, like maintain a shared driveway. Because covenants run with the land, they bind current and future owners. Identifying a covenant WA entry early in your due diligence is essential, as ignoring it can halt development or reduce property value.
Local WA Risks: Covenants by Property Type
Covenants behave differently depending on the property classification. Here is what buyers and conveyancers must check for specific WA land types.
Green Title Lots
Green title (freehold) lots often carry restrictive covenants imposed by the original developer. These covenants can mandate specific building setbacks, enforce minimum floor areas, or dictate fence styles. In established suburbs, older green titles might contain obsolete covenants (such as requiring a specific roof material) that are no longer practically enforced but remain on the title. Always check whether a covenant is still enforceable or if it has been formally discharged.
Survey-Strata Properties
Survey-strata titles allow for individual lot ownership while sharing common property, like driveways. Covenants on survey-strata plans frequently deal with the maintenance of these shared areas. They may also include building envelopes restricting where you can build on the lot. When reviewing the title, cross-reference the covenant with the survey-strata plan to see if building footprints or boundary wall heights are restricted.
Rural Titles
Rural and lifestyle properties in WA are heavily impacted by covenants. Sellers or developers often register restrictive covenants to prevent further subdivision of large lots. Others may impose environmental protections, restricting land clearing or requiring weed management. If you intend to use the land for intensive agriculture, run a business, or build additional dwellings, a title search covenant check is the only way to confirm these uses are permitted.
Mining Interests
While technically different from standard covenants, reservations and conditions relating to mining interests frequently appear on WA titles. The official property records may note that the Crown reserves all minerals, or that a third party holds a mining lease over the land. These entries can severely restrict surface land use and give third parties rights of access. Always verify whether mining covenants or reservations override your intended use of the property.
Caveats vs Covenants
Buyers often confuse caveats and covenants. A caveat is a legal notice lodged by a third party claiming an interest in the property—often a financial interest or a right to lodge a mortgage. A covenant, however, is a rule about how the land is used or maintained. Both appear on the title search, but a caveat typically requires a financial resolution or legal removal, whereas a covenant requires physical or use-based compliance. You must check both.
Buyer's Checklist: Checking for Covenants
- Order a Current Title / State Lease search through TitleFinder for $74.50 AUD.
- Review the "Encumbrances" and "Notifications" section of the title for any mention of a covenant, restriction, or mining interest.
- Note the specific dealing number or instrument reference attached to the covenant.
- Order the specific instrument or dealing document from the official property records to read the full, original text of the covenant.
- Cross-reference the covenant with the deposited plan or survey-strata plan to check for building envelopes or shared area obligations.
- Assess whether the covenant impacts your intended use (building, subdividing, farming, renting).
- Determine if the covenant is still legally enforceable or if an application to remove it is viable.
Document Reference Table
| Document | What It Answers |
|---|---|
| Current Title Search | Does the property have any covenants, caveats, or notifications currently registered? |
| Covenant Instrument / Dealing | What are the exact rules, restrictions, or obligations imposed on the land? |
| Deposited / Survey-Strata Plan | Are there building envelopes, private covenants, or shared common property noted on the map? |
When to Order Further Documents
The initial title search tells you that a covenant exists and provides a brief description. It does not always provide the full text. If the title lists a "Restrictive Covenant" or refers to a specific instrument number, you must order that instrument to understand the exact limitations. For survey-strata properties, ordering the plan is equally important, as private covenants can be embedded directly into the plan notes rather than appearing as separate dealings.
Order your title search early in the cooling-off or due diligence period. If a covenant restricts your ability to build a second dwelling or operate a home business, you need time to either reassess the purchase value or apply for planning consent to override the restriction.
Frequently Asked Questions
Can I remove a covenant from a WA property title?
Removing a covenant is possible but requires a formal application to the relevant authority or a tribunal order. You must prove the covenant is obsolete, no longer serves its original purpose, or that all benefiting owners agree to its removal. This process is rarely quick and is not guaranteed.
Does a title search show the full text of a covenant?
No. A current title search shows the existence of the covenant, its type (restrictive or positive), and its dealing number. You must order the specific instrument or dealing referenced on the title to read the full legal text and understand the exact restrictions.
What happens if I breach a covenant on a green title lot?
Breaching a covenant can lead to legal action by the party who benefits from the covenant. This can result in court orders forcing you to demolish unapproved structures, pay damages, or cease restricted activities. Ignorance of the covenant does not protect you from enforcement.
Disclaimer: This article provides general information for property due diligence and does not constitute legal advice. Consult a qualified legal professional 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:
- 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.
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