Covenants and easements
  • Last updated:
  • 28 Aug 2022

A covenant is a legally binding written agreement. It protects, preserves and often enhances specific features on private property. There are several different types of covenants. These can relate to environment, water, animals and landscape amenity.

An easement is a right attached to land. It gives someone the right to use land for a specific purpose even though it belongs to someone else. Common examples of easements are drainage, sewerage and access easements.

Council has standard terms documents for covenants. Council has a memorandum that contains terms and conditions for easements.

Covenants

During the development assessment process, council identifies specific areas. These areas may hold value under the Sunshine Coast Planning Scheme. To protect these areas, your decision notice may include conditions of approval. The conditions outline the rules and requirements for the development. This may include registration of a statutory covenant. 

Council has registered standard terms covenant documents with the Registrar of Titles:

* When completing the geotechnical covenant document, attach a form 20 schedule. See this example (DOCX, 24.9KB).

There may be a covenant included as part of your development approval. These dealing numbers may be referred to when completing the Titles Office form 31 covenant document.

Find this form at the Titles Queensland website.

Building covenants are a set of rules that may be used by developers to ensure structures and landscaping within their development conform to certain standards. These can include roof type and building colour. Building covenants may contain a provision that you assign the covenant to future owners of the land, if you decide to sell.

Building covenants are a civil matter and not enforceable by council. Before you purchase an allotment we recommend you seek advice of what a building covenant may mean for you.

Easements

An easement can give limited access to a property owned by another.

Council has registered standard terms and conditions relating to these types of easements:

These documents have been registered with Titles Queensland.

There may be an easement included as part of the conditions of your development approval. You will need to complete the Titles Registry Form 9 easement document. You will need to state the correct easement dealing number when completing the form.

Find this form at Titles Queensland.

Contacts

For more information, please contact council.