How To Check For A Covenant

How To Check For A Covenant

Checking for a covenant

Not sure if a property you own or want to buy has a covenant on it? Before you get stuck with something like that I’ll cover how you can quickly check the title for that information.

Firstly, this is an example of a land title, or Registered Search Statement as it is formally known.

Example of a title

Covenant Listing

If there is a covenant or legal agreement (called a Section 173 Agreement) on the title it will be listed in the section called Encumbrances, Caveats and Notices. An example of a listing that has a covenant is like this:

Listing of a covenant on a property title

If there is a covenant or agreement on the title it will be listed in the section called Encumbrances, Caveats and Notices. A listing can look like this:

The covenant is separate to the title, you can search for it via the instrument number that is listed on the Encumbrances Section and buy it via the Titles Office. The purchase page would look something like this:

Purchasing a covenant from Land Data

You click on all the documents you need and then purchase them. The covenant document may be called a covenant, or it can be called something else, so you will need to match it with the instrument numbers.

Now you can check if a property has a covenant before you purchase it, or go to far down the path of developing. If you find that you do have a covenant and aren’t sure what to do next, you can purchase our covenant advice to obtain further information on the specifics of your covenant. Or you can read more about the process for removing or varying a covenant here.