So you’ve found the perfect Brisbane property. The kitchen is lovely, the location is great, and the price won’t require the sale of a kidney. But before you start planning your housewarming party, there’s some legal fine print that has the potential to spoil your party: easements and covenants.
These are your property’s history—the things that happened before you came along that still affect your life. Let us unravel what exactly these words mean and why they are more significant than you think.
What is an Easement, Exactly?
An easement is essentially a legal privilege that allows another individual to use part of your land for a specific purpose. It’s similar to having a neighbour who permanently has borrowing rights, except it’s all legalised and documented.
The most common easement you’ll have is a utility easement. That cable on the back fence line of your property where the power wires are? Your electric company has a legal right to enter it to do maintenance, whether you’re there in your pajamas or not. There are other easements, such as drainage rights, where rain water off the property next to yours flows through yours, or access easements which permit your neighbour to drive across your driveway to get to their garage.
Here’s the catch: easements typically “run with the land,” meaning they’re still in effect even after there’s a change in ownership. That easement your property’s previous owner agreed to 20 years ago? Congratulations, it’s yours now too.
What Are Covenants on My Land?
Covenants are restrictions or promises that bind owners of property to do (or not to do) something. They are like house rules set by the previous owners and also followed by later owners.
Homes in Brisbane typically have restrictive covenants, which limit what you can do. They can prevent you from running a business from the home, having specific animals, or building above a certain height. Some of the established Brisbane suburbs have covenants that detail specific architectural styles or materials to maintain neighbourhood character.
Positive covenants oblige you to do something positively, i.e., keep a shared driveway tidy or contribute financially to communal garden upkeep. These are less frequent but can trap new owners with repeated unforeseen burden and cost.
Why This Matters to Brisbane Home Buyers
Brisbane’s rapid expansion ensures houses frequently come with easements and covenants that reflect the city’s evolving infrastructure requirements. That beautiful Queenslander you’ve been eyeing can include a heritage covenant restricting renovations, while new developments have easements for newer utilities like fibre optic cables.
Ignoring these legal restraints can prove to be very costly. Breach of covenant may result in legal enforcement from neighbours or council, and building over an easement may mean costly demolition if utility companies need to gain access to it.
Smart buyers request title documents on a property early in the home-buying process. Your conveyancers or property lawyers in Brisbane will disclose easements and covenants to you, but you need to know what they are so you can ask the right questions. Can you still install that pool if there happens to be a drainage easement? Will the heritage covenant impact your renovation plans?
Brisbane’s real estate market is quick, but glossing over such facts hurts in the long term. That ideal house is still ideal—you simply need to understand what you are getting with it.
Your Property’s Overall Picture
Easements and covenants are never necessarily deal-breakers, but they are a part of your property’s history. Understanding such legal considerations ensures that you can make informed choices and don’t encounter costly surprises down the road.
Before you completely fall in love with any Brisbane house, discover what strings might be attached. Your future self will thank you for the diligence now rather than discovering limitations later.
