Quick Answer
A covenant on a Tasmania property title is a legally enforceable restriction or obligation tied to the land. Buyers must run a title search to identify any covenant TAS entries before committing to purchase, because breaches can delay settlement, block renovation plans, or reduce property value. Ordering a Current Title search through TitleFinder for $129.00 AUD gives you the register details and references to the instruments that contain the full covenant wording.
What Is a Covenant on a TAS Property Title?
A covenant is a written agreement registered against the title that limits what the landowner can do, or requires them to do something. In Tasmania, covenants appear in the encumbrances section of the title. They bind current and future owners until they are formally removed or varied.
Two broad categories matter to buyers:
- Restrictive covenants — rules that limit land use. Common examples: no subdividing, no building above a single storey, materials that must be used for fencing, or a requirement to maintain a shared driveway.
- Positive covenants — obligations to actively do something, such as maintain a drainage easement or contribute to shared infrastructure costs. Less common but increasingly seen in newer TAS subdivisions.
Either type can derail a purchase if you discover it late.
Common Covenant Risks in Tasmania
Rural and Residential Subdivision Covenants
Many Tasmanian rural-residential estates carry developer-imposed covenants. These may restrict the type of dwelling, enforce building setbacks from rural boundaries, mandate particular fence styles, or prohibit keeping certain animals. If you plan to build a shed, run livestock, or subdivide later, a title search covenant check is the only way to confirm what is actually permitted.
Heritage Restrictions
Tasmania has a high proportion of heritage-listed properties, particularly in Hobart, Launceston, and older coastal towns. A heritage covenant or heritage agreement registered on the title can control external alterations, paint colours, and even interior modifications. The title register will reference the relevant instrument; you then order that instrument to read the full conditions.
Right of Way and Access Covenants
Properties that share driveways or access tracks in TAS often have a right-of-way covenant. This grants neighbours legal passage across part of the land. The covenant wording defines maintenance obligations and whether the right is exclusive. Misunderstanding access covenants is a frequent source of neighbour disputes.
Strata and Community Title Covenants
In TAS strata schemes, by-laws registered on the parent title function as covenants. They may restrict pet ownership, parking, noise, and renovation approvals. Buyers of strata units must review both the unit title and the scheme by-laws before exchange.
How to Check Covenants on a Tasmania Property Title
- Order a Current Title search through TitleFinder ($129.00 AUD). This shows the current registered proprietor and lists all encumbrances, including covenants, caveats, and easements.
- Identify covenant references in the encumbrances section. Each entry will list an instrument number and registration date.
- Order the relevant instrument or dealing to read the full covenant text. The title alone rarely contains the complete wording — it only tells you that a covenant exists and where to find it.
- Cross-reference with the plan if the covenant relates to a specific area of the land (for example, a building envelope). You may need to order the deposited plan or survey diagram to see the exact boundaries the covenant applies to.
- Check for expired or released covenants. Older TAS titles sometimes show covenants that have been formally released. Confirm the current status rather than assuming older entries still apply.
Covenant Search Document Comparison
| Document | What It Shows | When to Order It |
|---|---|---|
| Current Title | Encumbrances list, covenant references, easement references | Always — first step in due diligence |
| Instrument / Dealing | Full covenant wording and conditions | When any covenant is listed on the title |
| Deposited Plan | Boundary details, building envelopes, easement diagrams | When covenant refers to a plan area or setback |
| Strata By-Laws | Scheme rules on pets, renovations, noise | For any strata or community title purchase |
| Caveat Search | Any pending applications affecting the title | When the title shows a caveat alongside a covenant |
Tasmania Covenant Due Diligence Checklist
- Order a Current Title search and review the encumbrances section for any covenant TAS entry.
- Order each referenced instrument to read the full covenant conditions.
- Match covenant boundaries to the deposited plan where the covenant references a building envelope or setback.
- Check whether heritage covenants or agreements appear on the title — these may override standard planning permissions.
- Confirm right-of-way covenants state who maintains the access and who bears the cost.
- For strata purchases, obtain and read the full by-laws, not just the unit title.
- Verify whether any covenants have been released or varied — look for a corresponding instrument of release.
- Ask your conveyancer whether a covenant is enforceable if it appears old or vague — enforceability in TAS depends on several factors.
- Factor covenant restrictions into your finance application — lenders assess whether the restrictions affect security value.
- Re-check the title close to settlement to catch any newly registered covenants or caveats.
When to Order Additional Documents
Order instruments at the same time as your initial title search if you already know the property is in a covenanted subdivision. Waiting adds days to the due-diligence window. If your cooling-off period is short, order everything upfront through TitleFinder so the full picture is available before you make a final decision.
Frequently Asked Questions
Can a covenant be removed from a TAS property title?
Yes, but it requires either the consent of the beneficiary (the person or body who holds the right to enforce it) or an application to the relevant tribunal or court. Removal is not automatic, and the process varies depending on the covenant type and age. Your conveyancer can advise on viability.
What is the difference between a covenant and an easement on a TAS title?
An easement grants a right to use part of the land for a specific purpose — like a drainage easement or right of way. A covenant imposes a restriction or obligation on how the land is used. Both appear in the encumbrances section of the title, but they operate differently and have different enforcement rules.
Do old covenants on Tasmania titles still apply?
They can. Age alone does not make a covenant unenforceable. Many TAS titles carry covenants from the 1960s or earlier that remain active. Whether a specific covenant is enforceable depends on the wording, the land, and whether the original parties or their successors can still enforce it. Always order the instrument and get legal advice if uncertain.
This article is for general information only and does not constitute legal advice. For specific questions about a covenant on a property you are buying, consult your conveyancer or solicitor.
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.
