What Easements and Restrictions Mean When You’re Selling Your Gold Coast Property
If you’re thinking about selling your home, you’ve probably started noticing the paperwork pile up, title documents, building plans, council records… and maybe something called an easement or restriction.
Not quite sure what that means for your sale? You’re not alone. These things sound more complicated than they need to be, and most homeowners only learn about them when it’s time to sell.
First, What Is an Easement?
An easement is a legal right that allows someone else to use part of your land for a specific purpose. It might be for access, drainage, sewerage, power lines or water supply. Even if you own the land, you can’t block or build over that area.
Some of the most common easements on the Gold Coast include:
- Stormwater or sewer lines that need to stay accessible
- Driveway access shared with a neighbour or council
- Electricity or NBN access via underground or overhead lines
You might not even notice it’s there, but buyers and conveyancers will.
What About Restrictions or Covenants?
A restriction or covenant is a condition that limits how the land can be used. It might stop you (or a future buyer) from doing things like:
- Building above a certain height
- Subdividing the block
- Running a business from home
- Using certain building materials or colours
These conditions are usually set by developers, councils, or past owners, and they’re legally binding.
Why Buyers (and Agents) Care
Buyers today do their homework. If there’s an easement or restriction listed on the title, they’ll want to know:
- What it affects
- Whether it limits future plans (like adding a pool or garage)
- Whether it affects access or boundaries
- Whether it’s been disclosed properly in the contract
And if it’s not handled clearly, it can lead to renegotiations, delays, or even a buyer walking away.
Does It Mean You Can’t Sell?
No. Most easements and restrictions don’t block a sale, but they do need to be understood, disclosed, and managed properly.
In fact, many homes on the Gold Coast have easements, especially in newer estates or sloping areas where services run between lots.
The key is being upfront, clear, and prepared to answer buyer questions before they arise.
What You Can Do Now
If you’re not sure whether your property has any easements or restrictions, you can:
1. Check Your Title Documents
Your property’s title will show any easements, restrictions, or covenants. You can:
- Request a copy through the Queensland Titles Registry
- Ask your solicitor or conveyancer to look it up
- Or if you’re working with me, I’ll help you check it
2. Get a Clear Picture of Where the Easement Sits
A survey plan or site map can show exactly where the easement sits on the property, and whether it affects anything like a driveway, shed, or fence line.
3. Talk to Your Agent or Conveyancer Early
Getting ahead of these details now avoids surprises later. An experienced agent will know how to guide the conversation with buyers and present the property positively, even if an easement exists.
Glossary of Common Terms (Simplified)
Easement
A legal right that allows someone else (like a neighbour or a council) to use part of your property for a specific reason, often for access, drainage, or utilities.
Right of Way
A type of easement that gives someone else the legal right to travel through a section of your land, usually for shared driveways or footpaths.
Drainage Easement
A strip of land that must remain clear so stormwater or sewer pipes can be accessed, maintained, or upgraded.
Utility Easement
An area that allows providers like Energex, NBN, or council workers to access services like power lines or water meters on your property.
Covenant
A rule placed on your property title that restricts or requires certain things (like not being able to build higher than a set height, or needing specific fencing).
Restriction
Similar to a covenant, a restriction stops you from doing certain things on your land, often for safety or shared use reasons.
Encroachment
When a structure (like a fence, shed, or driveway) crosses onto a neighbour’s land or an easement zone, often by mistake.
Registered Plan / Survey Plan
A detailed map of your property boundaries and any easements or covenants, held by Titles Queensland.
Title Search
A search that provides the official details of your property, including ownership, easements, mortgages, and any restrictions.
How to Check Your Own Title and Easement Info
If you’re unsure whether your property has easements or restrictions, here’s how to find out yourself — before buyers do.
Step 1: Have your property details handy
You’ll need your lot and plan number (e.g. Lot 12 on RP123456) or your full street address.
Tip: You can usually find your lot/plan on your rates notice or contract of sale (if you still have a copy).
Step 2: Visit the Titles Queensland website
Go to: www.titlesqld.com.au
Click on Order a Title Search.
Step 3: Order a Current Title Search
This costs around $20–30, and gives you the latest registered information, including:
- Current owner
- Mortgages
- Easements
- Covenants and restrictions
- Dealings or notices
Step 4: Optional – Order the Survey Plan
For an additional fee, you can also download the survey plan (also called the registered plan), which shows:
- Your boundary lines
- Exact easement locations
- Dimensions of your lot
This is a useful visual document if you’re planning to sell or need to clarify land use.
Step 5: Review or ask for help
The documents can be a bit technical. If anything seems unclear, you can ask your solicitor or conveyancer for clarification.
Why It Matters Before You List
Buyers (and their solicitors) will check this info anyway. By understanding your property’s title and easements before listing, you:
- Avoid last-minute surprises
- Can disclose things honestly and confidently
- Have time to sort out any small encroachments or compliance issues
And that goes a long way in building buyer trust, and helping you sell on stronger terms.
Thinking of Selling but Not Sure Where to Start?
If you’re on the fence, that’s perfectly normal. There’s a lot to consider, and boundary issues are just one piece of the puzzle.
The important thing is not to wait until the last minute to deal with the legal side. Even a quick conversation can help you feel more prepared.
If you’d like to chat (no pressure, no push), I’m happy to help you understand what’s on your title and whether it’s likely to affect your sale.
Let’s make sure you know exactly what you’re working with, so you can sell with confidence when the time’s right.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
Are you ready for a casual chat?
Let’s get you Selling
LET’S GET YOU SOLD!
Phone me now, Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
Some of the suburbs that I proudly sell homes in:
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This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight”.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
