Covenant on a freestanding house in QLD?

Currently looking for my first ever house in Brissie, and trying to educate myself at the same time. I am mostly aiming for free standing houses, and hoping to find a freestanding freehold title.

Yesterday I came across the phrase "covenant on a property". Apparently, in QLD there is no centralised way of registering the existence of covenants on the properties.

Sorry if it's a silly question, but am I right in assuming that the vendor is required to disclose any covenant on the contract of sale? Or is there any other way to find out if a covenant exists?

Thanks.

 

Your solicitor should discover any registered covenant during the conveyancing process.

 

Thanks. But how about covenants that cannot be the subject of a registered covenant in QLD? For example compliance with architectural, construction or landscaping standards?

 

They're not covenants, they're planning controls.

 

I think there are times where constraints apply and that you have to be careful here. My understanding is with some complexes (esp in GC) you can't do what you want with external, and these are the domain of the BC. I thought they could be called covenants, but whatever their name, you have to be careful.

I have a townhouse that a neighbour and us want to put shade up but the BC are very tricky to navigate, including the tactic of suggesting always finding architectural and building standards to make it less affordable.

The lack of a central understanding of all convenants, rights and restrictions is an issue. We just kinda find out in searches, asking those that live there, checking and double checking.

 

I would just ask the agent for a copy of the convenant

 

A covenent will be on title. A copy of the title should be in the contract. For a strata plan you need the bylaws and strata rules. It is always wise to engage a strata review prior to purchase concerning these matters as well as the state of the strata funding and any expected works. They will review the strata minutes and more as pat of that pre-purchase process. I worked witha guy who nearly bought a unit with massive structural issues expected to cost $60K per unit and it was why a number of units were up for sale. He didnt know and I recommended this search and he withdrew his interest. Dont believe a word the agent says. You could buy a property with unfunded needed works such as balcony replacements, new fascade etc that may cost each owner tens of thousands.

eg Pre Purchase Strata Report

 

Apparently In QLD, there is no requirement for registering private covenants on the title of a lot.
If the covenantee is state/local government, then it should be on the title. (that's what I have gathered, could be wrong)

Yes they should, but sometimes they don't. example I am just trying to learn to do my due diligence.

 

Apparently In QLD, there is no requirement for registering private covenants on the title of a lot.
Only when the covenantee is state/local government, it might be on the title.

I think they are called private covenants in QLD e.g. Height restrictions, the type of materials or fencing that is allowed. Regardless of the name, they are not registered on the title unlike many other states.

 

I think you are right here, that although things 'should' be discoverable they are not as you would expect. I think htis applies to easements, covenants and other rules that are variously hidden. So it is best to do due diligence and be sceptical

 

That's what I have heard too about housing estates/complexes. They are notorious for having pages and pages of covenants imposed on the lot.

I am more after a freestanding house with a freehold title. Would you expect a freehold title to have these restrictions in SE QLD?

 

It appears to me the ONLY way to be as safe as possible, is that I should be looking for a very good conveyancing solicitor, and engage their services before signing a contract.

 

If it’s not part of a master planned community or gated estate it would be very rare to have such restrictions.

 

100% correct @Firefly99

 

I'd be looking at Northern NSW if you wanted to be sure.

 

My lawyer always wants me to send her contract before signing. I must admit i have signed first and then sent it on knowing that it was 'subject to' this and that. My lawyer also likes to put 'subject to searches' along with Building and Pest and Finance ...... She is a bit OTT

 

You mean Tweeds etc.?

 

She is the type I really like to have! I would love to have her contact details, if you don't mind. Happy to be pm'd

 

Not the cheapest from memory. But there you go.

 

Tweed Valley or out to Woodenbong.