A title search rarely gets the same attention as a zoning check, yet it can just as easily decide what you can build and where.
Two blocks on the same street, under the same zoning, can carry very different building envelopes once you look past the zone itself.
An easement can rule out a strip of land outright. A covenant can go further again, capping what’s allowed across the whole block regardless of what planning permission would otherwise grant.
Here’s what each of these actually means, and how to find out what applies before you’re committed to a specific piece of land for your new home.
What an Easement Actually Is
An easement is a right held by someone other than the landowner over part of a property, and it survives a change of ownership. It’s registered on the title itself, not tied to whoever happens to hold it at a given time.
The most common types in the Yarra Ranges include:
- Drainage easements: giving the council formal access to stormwater or drainage infrastructure running through the block
- Sewerage easements: protecting access to sewer mains that may run beneath or across the property
- Rights of way: giving a neighbouring property formal access to or through a defined strip of land
So can you build on an easement? Not usually without build-over consent from whoever benefits from it, such as the council or the water authority. That consent isn’t guaranteed just because a design would be more convenient with it.
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What a Covenant Actually Is
A covenant works differently. It’s a private restriction registered on the title, most often created by a developer or a previous owner when a parcel of land was first subdivided, rather than by council or the planning scheme.
Common covenants limit a title to a single dwelling, set a minimum floor area, restrict external materials, or prevent further subdivision altogether. Some go further and specify things like fencing style or setbacks stricter than what the relevant planning zone would otherwise require.
Because a covenant sits outside the planning system, meeting every council requirement doesn’t protect you from breaching a covenant. The two operate on separate tracks, and a design can be fully compliant with one while still breaching the other.
Where These Show Up on a Building Envelope
An easement typically carves out a no-build strip on a site plan, sized to whatever the easement itself specifies, regardless of how the rest of the block is used.
A covenant can be more sweeping. Rather than restricting a specific area, it can cap what’s allowed across the entire title, from the number of dwellings permitted down to the materials on the facade.
Older subdivisions across the Yarra Ranges, particularly former orchard and rural holdings broken into smaller titles decades ago, are a common source of these conditions.
A block that looks straightforward on a real estate listing can still carry constraints that have nothing to do with zoning or an overlay and everything to do with the title itself.
How to Actually Find Out What Applies
In Victoria, a Section 32 vendor statement is required before a property is sold and should disclose any registered easements or covenants affecting the title. A separate title search and a copy of the plan of subdivision will confirm the details: exactly where an easement sits, and the precise wording of any covenant.
This isn’t a check to do informally from a listing description. Having a conveyancer or property lawyer review these documents before an offer is made is the standard way to confirm what applies. It tells you about this specific block, rather than a similar one down the road.
The same applies if you already own the land and are only now finalising a design. It’s worth confirming rather than assuming nothing has ever been registered against the title.
Can a Covenant Be Removed or Varied?
Sometimes, but it isn’t guaranteed and it isn’t quick. A covenant can be removed or varied by an application to the Supreme Court under Section 84 of the Property Law Act 1958 (Vic). The other route is negotiating a release directly with the party who benefits from it, provided that party can be identified and is willing.
Both routes involve a legal process with a real chance of an unsuccessful outcome, and neither should be assumed as a fallback before a purchase goes through.
A covenant that looks restrictive on paper needs to be treated as binding until it’s formally addressed, not as a technicality to be sorted out later.
Why Title Restrictions Matter Before You Buy
A block can look suitable for your plans while the title tells a different story. An easement can reduce the usable building area, while a covenant can place restrictions on what you can build across the entire property. These constraints can affect the design before planning requirements are even considered.
Checking the title early gives you a clearer picture of the building envelope you’re actually working with. It confirms where an easement sits, what a covenant requires and whether either could affect your plans for the site.
An experienced regional builder who’s seen plenty of easements and covenants across the region can often flag a likely issue before a conveyancer’s report even lands, particularly on older subdivisions where these restrictions are more common.
If you’re weighing up a block in the Yarra Ranges and want to understand what a title search has actually turned up, our team at Cobalt Constructions can talk you through what it means for your design before you commit.
Start Planning Your Dream Home
Thinking about building a custom home? Our team can guide you through design, planning, and construction.
Frequently Asked Questions
Can you build on an easement?
Sometimes, but not without consent. Building over a drainage or sewerage easement needs build-over approval from the council or water authority, and it’s often refused or comes with conditions on footings and access. Treat the easement as a no-build strip until that consent is in writing.
What’s the difference between an easement and a covenant?
An easement gives someone else rights over part of your land, usually for access or services. A covenant is a restriction on the title itself, covering things like dwelling numbers, materials or minimum size. Both can affect where and what you build, but they come from different sources and are recorded differently.
Can a covenant affect the design of a new home?
Yes. A covenant can restrict things like external materials, minimum floor area, dwelling numbers or even fencing style, all of which shape what a design can actually include before a single plan is drawn.
Where do I find out what easements or covenants apply to a block?
A Section 32 vendor statement, a title search and the plan of subdivision will confirm what’s registered. A conveyancer or property lawyer is the standard way to interpret exactly what applies before an offer is made.
Does a covenant override council planning rules, or the other way round?
Neither overrides the other. They operate on separate tracks, so a design can meet every planning requirement and still breach a covenant, or the reverse. Both need to be checked, and neither can be assumed to cover the other.
