Quick Answer
A covenant on a Tasmanian property title is a legally binding restriction or obligation tied to the land. Buyers must check the title for restrictive covenants, heritage restrictions, right-of-way obligations, and rural boundary conditions before committing to purchase. A Current Title search through TitleFinder ($129.00 AUD) reveals registered covenants, but understanding their full scope often requires ordering the associated instrument or plan.
What Is a Covenant on a TAS Property Title?
A covenant is a registered encumbrance that either restricts what the owner can do (restrictive covenant) or obligates the owner to take certain action (positive covenant). In Tasmania, covenants run with the land—they bind current and future owners, not just the original party. On a Tasmanian title, covenants appear as references in the encumbrances section. The title lists the covenant type and reference number, but the full text lives in the registered instrument or dealing document.
Common Covenant Types in Tasmania
Restrictive Covenants
These limit building height, materials, fence style, or land use. Common in residential subdivisions across Hobart and Launceston fringe areas, they may also prohibit commercial activity. In rural Tasmania, restrictive covenants often control vegetation clearing, waterway setbacks, or further subdivision.
Heritage Covenants
Tasmania has a significant stock of heritage-listed properties, particularly in Hobart, Launceston, and historic towns. Heritage covenants restrict alterations, demolitions, and even paint colours on protected buildings. If the title shows a heritage encumbrance, order the instrument to understand exactly what is restricted before planning any renovation.
Right-of-Way Covenants
Many Tasmanian properties—especially in older suburbs and rural areas—carry right-of-way covenants granting neighbours or the public access across part of your land. The covenant text defines the width, location, and maintenance obligations. Always order the plan referenced in the covenant to see the easement marked on the survey.
Strata and Rural Covenants
Strata-titled properties carry covenants within their strata plans and by-laws, regulating parking, pets, noise, and renovation approvals. In rural and fringe areas, older titles often include covenants restricting subdivision or requiring specific land-use practices—critical for developers assessing whether a block can be split or rezoned.
Practical Checklist: Covenant Checks for TAS Property Buyers
- Order a Current Title search ($129.00 AUD through TitleFinder) and check the encumbrances section for covenant references
- Identify the covenant type (restrictive, positive, heritage, right-of-way) from the title reference
- Order the relevant registered instrument or dealing to read the full covenant text
- For heritage covenants, check the schedule of protected elements and permitted works
- For right-of-way covenants, order the deposited plan to see the easement location on the survey
- For strata properties, order the by-laws and strata plan alongside the title
- For rural properties, cross-reference subdivision covenants against your intended use
- Order a historic title search if the current title seems incomplete—older covenants may have been missed in digitisation
- Discuss any covenant with your conveyancer before signing or during the cooling-off period
- Confirm enforceability—some older covenants may be obsolete but remain on title until formally removed
What Each Document Reveals About Covenants
| Document | What It Shows | When to Order |
|---|---|---|
| Current Title | Covenant reference numbers, type, encumbrance listing | Always—starting point for any purchase |
| Registered Instrument | Full covenant text, conditions, obligations | When the title lists a covenant you need to understand |
| Deposited Plan | Easement and right-of-way locations, boundary definitions | When covenants reference a plan or involve access |
| Strata Plan and By-Laws | Strata restrictions, lot responsibilities | When buying a strata-titled property |
| Historic Title | Previous covenant entries missing from current digital record | When the title seems incomplete or property has long history |
When to Order Additional Documents
Start with the Current Title search. If it lists covenant references, order the instrument or dealing for each one during your due-diligence period—not after settlement. For heritage zones or right-of-way properties, order both the instrument and the referenced plan at the same time to avoid delays.
For strata purchases, order the strata plan and by-laws alongside the title. Strata by-laws function as covenants and can significantly restrict your use of the property—pets, renovations, and parking are common areas of conflict.
For rural properties where subdivision or development is your goal, order historic titles alongside the current title and instruments. Older Tasmanian titles sometimes carry covenants not transferred to the digital record. Discovering one after settlement can stop a project entirely.
Frequently Asked Questions
Can I remove a covenant from a Tasmanian property title?
Removing a covenant requires an application through the relevant authority or, in some cases, a Supreme Court order. Some covenants include expiry dates or release conditions—check the instrument text first. Older restrictive covenants may have sunset clauses. Always seek legal advice before attempting removal.
Does the Current Title search show all covenants?
The Current Title shows all currently registered covenants. However, some older Tasmanian titles may have covenants not captured in the transition to digital records. For properties with complex histories—particularly heritage or long-held rural properties—ordering a historic title search is a sensible additional step.
What happens if I breach a covenant on my Tasmanian property?
Breaching a registered covenant can result in enforcement action by the covenant beneficiary, court orders to reverse the breach (such as demolishing an unauthorised structure), and damages. Ignorance is not a defence—checking the title and its encumbrances before purchase is essential.
This article is general information only and does not constitute legal advice. Consult a qualified conveyancer or solicitor for advice specific to your transaction.
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.
