Before you buy
Checking easements and covenants before you buy
Easements and covenants are on the title and plan, not the planning map. Read them before you plan an extension, pool or second dwelling.
Key points
- Run the check for the exact lot, not the suburb.
- Each state keeps this information in a different place; the table below says where.
- A clear result on a register or map is not proof there is no risk.
- General information, not legal, planning or insurance advice: confirm with your conveyancer or solicitor before you sign.
The short answer
Easements and covenants are part of the title, a separate search from the planning map. In Victoria the Section 32 must disclose them. (Consumer Affairs Victoria, verified 30 Jul 2026) Cairns Regional Council (Queensland) says they are registered on the title or survey plan and found by a title search. (Cairns Regional Council, verified 22 Oct 2026)
What to search in each state
Where to look for the exact address, checked against each official source on 22 October 2026. A blank on a register or map is not the same as no risk; the next section says why.
| State | Where to look |
|---|---|
| Victoria | The Section 32 discloses the title, including covenants and easements. (Consumer Affairs Victoria, verified 30 Jul 2026) It does not check whether the title's measurements are accurate. (Consumer Affairs Victoria, verified 21 Oct 2026) |
| New South Wales | Easements, restrictions on use and positive covenants created with a plan are set out in a section 88B instrument lodged with it; ask for it with the title search. (NSW Land Registry Services, verified 22 Oct 2026) |
| Queensland | Cairns Regional Council says easements and covenants are registered on the title and/or survey plan; order a title search (fees apply). (Cairns Regional Council, verified 22 Oct 2026) |
| Western Australia | Not every interest is on the title: Landgate's Property Interest Report lists known unregistered interests. (Landgate, verified 22 Oct 2026) |
| South Australia | Not confirmed from a current official source for this guide. |
Tasmania, the ACT and the Northern Territory are not covered by this guide yet.
What each result means
An easement crosses the land
An easement gives someone else rights to use a section of the land in a particular way. In Cairns, putting a permanent structure over an easement means applying to surrender it. (Cairns Regional Council, verified 22 Oct 2026) Check where it runs before you plan a pool, extension or second dwelling.
A covenant or restriction is on the title
Read the full instrument, not just a reference number on the title, and ask your solicitor what it prevents before you plan any building work.
Nothing shows on the title
Some interests are not registered on the title. (Landgate, verified 22 Oct 2026) Title insurance typically covers unregistered easements, as one of several risks. (First Title Insurance, verified 20 Aug 2026)
Check a Victorian address
Delora's Address Check shows the zone and every planning overlay on a Victorian lot, grouped into flood, bushfire, heritage and contamination, with how much of the lot each one covers. It is built from Vicmap Planning, the state's planning data; confirm anything that matters with a planning property report and your conveyancer.
Common questions
Are easements shown on the planning certificate or overlay map?
No. Easements and covenants are recorded on the title and the plan, which is a separate search from the planning controls.
Can I build over an easement?
Check before you plan it. In Cairns, for example, a permanent structure over an easement needs an application to surrender it.
Practical checklist
Easements and covenants: before you sign
- Get the title search and the plan of subdivision, and find every easement on the plan
- Read the full text of any covenant or restriction, not only its reference number
- Compare any planned extension, pool or second dwelling with where the easements run
Questions for a professional
- What easements, covenants or restrictions are on this title, and where do they run?
- Would any of them stop the work I plan to do?
Official resources
Important limitations: General information only, not legal, planning, environmental or insurance advice, and not a search of any property. Registers and maps change; check the official source for the exact address and ask a conveyancer, solicitor or the relevant authority before you rely on a result. Tasmania, the ACT and the Northern Territory are not covered yet.
Sources and methodology
- Conveyancing and contracts for sellers — Consumer Affairs Victoria (retrieved 30 Jul 2026, last checked 7 Aug 2026). Licence: CC BY 4.0
- Easements and covenants | Cairns Regional Council — Cairns Regional Council (retrieved 22 Oct 2026). Reuse terms: see the publisher's site
- Seek expert advice on property | Consumer Affairs Victoria — Consumer Affairs Victoria (retrieved 21 Oct 2026). Licence: CC BY 4.0
- Section 88B instruments | NSW Land Registry Services — NSW Land Registry Services (retrieved 22 Oct 2026). Licence: CC BY 4.0
- Property interests in WA | Landgate — Landgate (retrieved 22 Oct 2026). Reuse terms: see the publisher's site
- Title Insurance for Residential Buyers | First Title — First Title Insurance (retrieved 20 Aug 2026). Reuse terms: see the publisher's site
- Residential Purchaser Policy (sample policy document) | Stewart Title Limited — Stewart Title Limited (APRA-regulated) (retrieved 20 Aug 2026). Reuse terms: see the publisher's site
Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.
Evidence record