Encumbrances are identified on the title (register search statement) under the header ‘encumbrances, caveats and notices’. The actual details of an encumbrance are usually provided in a separate document (instrument) associated with the title. Sometimes encumbrances are also marked on the title diagram or plan, such as easements or building envelopes. Common types of encumbrances include:
Restrictive Covenants: A ‘restrictive covenant’ is a written agreement between owners of land restricting the use or development of the land for the benefit of others, (eg. a limit of one dwelling or limits on types of building materials to be used).
Section 173 Agreements: A ‘section 173 agreement’ is a contract between an owner of the land and the Council which sets out limitations on the use or development of the land.
Easements: An ‘easement’ gives rights to other parties to use the land or provide for services or access on, under or above the surface of the land.
Building Envelopes: A ‘building envelope’ defines the development boundaries for the land.
Cavet: A ‘caveat’ is a record of a claim from a party to an interest in the land. Caveats are not normally relevant to planning applications as they typically relate to a purchaser, mortgagee or chargee claim, but can sometimes include claims to a covenant or easement on the land. These types of caveats may affect your proposal.
Notices: Other less common types of obligations may also be specified on title in the form of ‘notices’. These may have an effect on your proposal, such as a notice that the building on the land is listed on the Heritage Register.
A copy of your title can be obtained from the Landata website. Selecting the top option Register Search Statement (Copy of Title) to ensure you are provided with all of the information mentioned above.