You bought the property. You planned the extension. Then council told you there's a drainage easement running through your backyard, and you can't build over it. Easements and restrictive covenants run with the land, not the owner, and they don't go away just because a new owner didn't know they were there.
They appear on the title and the plan of subdivision, but most buyers don't check them carefully until they want to build, by which point the property has already been purchased and, often, the design work is already underway.
Planning to build or extend? Contact us to check the title for easements and covenants first.
Book a Free Consultation →Why Do Easements and Covenants Run With the Land?
An easement or restrictive covenant is registered against the title, which means it binds whoever owns the land at any given time, not just the person who originally granted or agreed to it. Buying a property doesn't clear an existing easement or covenant, and it usually can't be removed without the consent of whoever benefits from it, whether that's a drainage authority, a neighbour, or, for a covenant, other lot owners in the same original subdivision.
What Can Block a Development Entirely?
Three types of registered interest cause the most trouble for renovation and development plans:
- A drainage easement: building over or near it usually requires the relevant authority's consent, and structures within the easement can be required to be removed at the owner's cost.
- A right of way: access rights across part of a property that must remain unobstructed, even where the physical path isn't obviously in use.
- A single-dwelling covenant: a condition preventing subdivision or the construction of more than one dwelling, which can block a development plan outright regardless of what current planning controls would otherwise allow.
How Phan Campbell & Associates Can Help
At Phan Campbell & Associates in Footscray, our conveyancing team reviews title, easements, and covenants for buyers and owners across Melbourne and Victoria before a purchase or a renovation design proceeds, so a known constraint can be designed around rather than discovered mid-project.
Frequently Asked Questions
1. What is an easement and how does it affect a renovation?
It gives someone other than the landowner a specific right over part of the land, such as a drainage authority's right to maintain pipes. Building over it without consent can mean the structure has to be removed.
2. What is a restrictive covenant?
A condition registered on the title limiting what can be done with the land, such as a single-dwelling covenant. Covenants run with the land and bind every future owner.
3. Do easements and covenants appear on a standard title search?
Yes, on the title and plan of subdivision, but most buyers don't check them carefully until they want to build.
4. When should I check for easements and covenants?
Before you buy, or before you commit to a renovation design, whichever comes first, so the design can account for the constraint from the start.