Covenants and easements
  • Last updated:
  • 25 Jul 2020

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[24KB].

There may be a covenant included as part of your development approval. You will need to complete the Titles Office Form 31 covenant document. On this form you may need to refer to the dealing number.

Find this form here: Business Queensland website

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 the Titles Registry, Department of Natural Resources and Mines.

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 here: Business Queensland website

Contacts

For more information, please contact council's customer service centre.