Caveats, Covenants & Easements

As a property owner, you may not be aware of the various restrictions that can be placed on your land or property ownership. Caveats, easements, and covenants are some of the most common restrictions that can affect your property, and it’s important to understand them. In this article, we will provide you with an overview of these restrictions and how Mr Conveyancer can help you navigate through them.

What is a caveat?

A caveat is a document that can be lodged on a property by any person with a legal interest in it. This document notifies anyone with an interest that a third party has a claim over the property, and prevents any further legal dealings on the property without the resolution of the caveat. 

At Mr Conveyancer, we can provide you with advice on caveats and assist you in lodging one, and we can also defend your interests against a caveat or any adverse litigation that has been lodged against you. 

What are covenants?

Covenants are signed agreements between a seller and a buyer, which set terms and conditions on how the land can be used in the future. These restrictions can include limiting the use of the land or imposing certain requirements on the buildings. Removing a covenant may require making an application to the person who imposed it, and can be a complicated process. Mr Conveyancer can handle the transfer of leased or deeded property according to existing covenants, and mediate and offer counsel in matters of drawing up a covenant involving our clients.

What are easements?

Easements are a legal allowance for someone who is not the owner of the land to use it for a certain purpose, such as drainage or access. There are different types of easements, including easements of way, land, and air, which provide separate rights to dominant and servient landowners. At Mr Conveyancer, we facilitate the granting of easements by or on behalf of our clients, ensuring that they are executed for the specified party’s benefit and that easements granted over our clients’ property are not exploited.

Why choose Mr Conveyancer?

Dealing with caveats, easements, and covenants can be complicated, especially when considering the legal and tax implications that come into play. Defending your property against unfavourable litigation can be quite stressful without proper legal help.

At Mr Conveyancer, we provide well-thought-out legal advice related to caveats, covenants, and easements. We believe in maintaining professionalism while taking the time to understand the unique conditions of each of our clients so that personalised solutions can be offered. We will help you save time and money, providing you with the timely and professional attention to detail required for the best property transaction outcome.