Caveats, covenants and easements

Photo: Caveat covenant easementA caveat is a document that any person with a legal interest in a property can lodge at Land Use Victoria. After recording, a caveat note appears on the title giving anyone with interest notice that a third party claims rights over the property.

Forms and guides to lodge and withdraw caveats are available on the Forms, guides and fees webpage.

Caveats can also be lodged and withdrawn online through PEXA (Property Exchange Australia Ltd.). To lodge a caveat online you will need to engage a lawyer or licensed conveyancer who is a PEXA subscriber.

Visit the PEXA website to find a lawyer or conveyancer who is a subscriber.

To keep track of activity on a land title you can subscribe to the Property Transaction Alert Service. As a subscriber you receive an email alert of any activity on the title or plan you are interested in without having to do frequent title searches. This service may be a useful alternative to a purchaser's caveat on the title. Choose the title or plan you want and opt to subscribe for three, six or 12 months.

A covenant is a written agreement between the seller and purchaser of a piece of land restricting what the land can be used for. For example, restricting the type of building material the purchaser can use.

An easement is a right held by someone to use land belonging to someone else for a specific purpose. Common examples of easements are drainage, sewerage and carriageway easements.

Page last reviewed on 31 October 2016

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