How to Read a South Australia Title Search: Covenants Explained

Quick Answer

A South Australia title search lists every registered interest affecting a property, including covenants, easements, encumbrances, and heritage restrictions. Covenants appear under the "Encumbrances" or "Interests" section of the title. To read a title search effectively, check the register book folio, the plan reference, and every line under encumbrances—each entry refers to a specific instrument that sets out the rules affecting the land.

How a SA Title Search Is Structured

A standard South Australia Torrens title (also called a Certificate of Title) contains several key sections:

• Volume/Folio reference: The unique identifier for the title.
• Registered proprietor: The current owner(s) and how they hold the title.
• Estate in land: Usually "Fee Simple" for freehold, or "Lease" for a state lease.
• Plan reference: The deposited plan number that defines the parcel boundaries.
• Encumbrances and interests: Where covenants, easements, restrictions, and caveats are listed.

Each encumbrance entry includes a dealing number. You need that dealing number to order the full instrument, which contains the actual covenant wording—not just the one-line summary on the title.

What Are Covenants on a Property Title in South Australia?

A covenant is a written agreement registered on the title that restricts or requires certain actions on the land. In SA, covenants commonly appear as encumbrances. They can be:

• Restrictive covenants: Limit what you can build, what materials you can use, or the minimum floor area. Common in new subdivisions where the developer wants to maintain neighbourhood standards.
• Positive covenants: Require the owner to do something, such as maintain a shared driveway or contribute to road upkeep. Less common but enforceable in SA under certain conditions.
• Community title covenants: In community titles schemes, covenants appear in the community scheme statement and by-laws rather than on individual lot titles. Always check both.

Where Covenants Appear on the Title

Covenants are listed under the "Encumbrances" heading. You will see a line such as "Covenant—Dealing 12345678" or "Restriction—Dealing 87654321." The title itself will not show the full text. To read the actual conditions, you must order the dealing or instrument referenced by that number.

Encumbrances, Easements, and Heritage Restrictions

Not every entry under encumbrances is a covenant. SA titles commonly show several types of registered interests:

Easements

Easements grant another party the right to use part of your land for a specific purpose—such as a drainage easement, right of way, or sewerage easement. On the title, an easement entry lists the dealing number and the benefiting party. Check whether the easement runs over the building area or only over a side boundary strip.

Encumbrances

An encumbrance is a broader term covering any registered burden on the title. This includes covenants, easements, registered mortgages, and caveats. When you see "Encumbrance" on a SA title, read the dealing to determine whether it is a covenant, an easement, or another restriction.

Heritage Restrictions

If a property sits within a state heritage area or has a local heritage listing, the title may include a heritage agreement or a reference under the relevant heritage legislation. These restrict exterior alterations, demolition, and sometimes interior changes. Heritage entries are non-negotiable—you cannot remove them by agreement with a neighbour.

When to Order Additional Documents

The title search alone rarely tells the full story. Order supporting documents when:

• You see a dealing number under encumbrances: Order the dealing/instrument to read the full covenant or easement text. A Current Title / State Lease search through TitleFinder is $74.50 AUD; the dealing is a separate order.
• The title references a deposited plan: Order the plan to confirm lot dimensions, easement locations, and building envelopes.
• The property is under a community title: Order the community scheme statement and by-laws, as covenants and restrictions often live in these documents rather than on the lot title.
• Heritage items appear on the title: Order the heritage agreement to understand what alterations are prohibited.

Practical Checklist: Reading a SA Title Search

1. Confirm the volume/folio matches the property address.
2. Verify the registered proprietor matches the seller.
3. Check the estate in land—fee simple or leasehold—and any conditions on state leases.
4. Read every entry under encumbrances and note each dealing number.
5. Order every dealing referenced under encumbrances to read the full text.
6. Check the plan reference and order the deposited plan for boundary and easement details.
7. For community titles, obtain the community scheme statement and by-laws.
8. Look for heritage agreements or heritage overlay references.
9. Confirm any easements on the plan match the easements on the title.
10. Check for caveats, which indicate unregistered interests.

Encumbrance Types Compared

Frequently Asked Questions

Can I remove a covenant from a SA title?

Removing or varying a covenant in South Australia typically requires an application to the relevant authority or, in some cases, a court order. It depends on the type of covenant, who benefits from it, and whether the original purpose is still relevant. This is not a DIY process—get legal advice before attempting removal.

What is the difference between an encumbrance and a covenant on a SA title?

An encumbrance is the umbrella term for any registered burden on the title. A covenant is one type of encumbrance. When a SA title lists "Encumbrance—Dealing XXXXXXXX," you must order that dealing to see whether it is a covenant, easement, or another type of restriction.

Do community title covenants appear on the individual lot title?

Not always. In a community titles scheme, many covenants and by-laws sit within the community scheme statement rather than on the lot title itself. Always order both the lot title and the community scheme documents to get the full picture of restrictions affecting the property.

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.