SUBDIVISIONS, EASEMENTS & COVENANTS: AN OVERVIEW

When land is being subdivided, the work does not stop once council approval has been obtained. Registration with Titles Queensland is the critical final step that gives legal effect to new lot boundaries, easements and covenants.  

If you’re planning a subdivision or have even received plan sealing approval, it’s worth reaching out to Ardor Legal for assistance with the proposed registration. A solicitor with knowledge of Titles Queensland requirements can help by ensuring that all required documents are properly completed and formatted per the expected standards. Below is a high-level overview of how subdivisions, easements and covenants are treated on registration and some of the common issues that arise in practice.

Subdivisions

A subdivision is formally created only when a new survey plan is registered with Titles Queensland. Until this occurs, the “new” lots do not legally exist. In practice, the process typically involves:

• Your surveyor preparing and lodging a draft plan for council sealing;
• The plan being accompanied by various other legal forms once sealed;
• The mortgagee over the land providing their consent to the new survey plan, if a mortgage is registered on title; and
• All documents being lodged together for registration with Titles Queensland.

Registration timeframes vary depending on Titles Queensland workloads and the complexity of the plan.

Easements

Easements are commonly required as part of a subdivision, particularly where access routes, drainage, utilities or other services cross lot boundaries.

Easements may be required in favour of:

• A local government; or
• A private party, such as a neighbouring landowner.

Where an easement is required by council or another authority (e.g. for drainage or services), the terms are usually based on established standards. In other cases, particularly for private easements, bespoke drafting is often needed to reflect the parties’ intentions and the practical use of the land.

Examples of situations where tailored easement terms may be required include:

• Access across a neighbouring property to reach a public road;
• Rights relating to water infrastructure; or
• Rights for electricity or other services located outside standard service corridors.

Properly drafted easement terms are important, as they govern rights and obligations for current and future owners of the land.

Covenants

Covenants function differently to easements, in that they can only be granted in favour of the State, an entity representing the State or a local government. In a subdivision context, covenants are most commonly required as a condition of development approval. These may relate to matters such as:

• Building restrictions or design controls;
• Environmental protection or land use limitations; or
• Ongoing maintenance obligations.

Where a covenant is required, the terms must be drafted in a form acceptable to both the relevant authority and Titles Queensland before it can be registered alongside the survey plan.

How we can help

At Ardor Legal, we regularly act for landowners, developers and investors in getting subdivisions, easements and covenants registered efficiently and correctly the first time.

For example, we have assisted clients with:

• Registering multi-lot subdivisions across Brisbane, Logan, Gold Coast and Moreton Bay, including subdivisions that create a Community Titles Scheme;
• Drafting and registering Community Management Statements to facilitate the creation of a new Community Titles Scheme;
• Drafting and registering private easements for access, bores and electrical infrastructure where standard terms were not fit for purpose; and
• Preparing and lodging development-approval covenants required by council as a condition of subdivision.

If you are progressing a subdivision or have received your sealed plan and are unsure of the next steps, our experienced team at Ardor Legal can guide you through the registration process and help you avoid common pitfalls. You are welcome to book a complimentary 15-minute discovery meeting to discuss your project and how we can assist.

Frequently Asked Questions (FAQs)

What is the final step in a subdivision in Queensland?

The final step in a subdivision is registering the survey plan with Titles Queensland. This is when new titles are issued and the lots legally come into existence.

Do I need a solicitor for subdivision registration?

While not mandatory, engaging a solicitor can significantly streamline the process. Subdivision registration involves preparing detailed documentation and lodging a formal application with Titles Queensland.
Ardor Legal supports clients across the entire process, from preparing easements and covenants to advising on off-the-plan contracts and managing lodgements.

When are easements required?

Easements are commonly required when:

• Access to a property crosses another lot
• Drainage or utilities run through neighbouring land
• Council or service authorities impose conditions

Ardor Legal can advise on when easements are required and prepare the necessary documentation to ensure they are properly registered.

What is a covenant in property law?

A covenant is a legal obligation or restriction placed on land that controls how it can be used or developed. In Queensland, covenants are commonly granted in favour of the State or a local government authority, particularly as a condition of development approval. They can also be granted in favour of a developer, such as in residential estates where building or design controls are imposed.

What is a Community Titles Scheme?

A Community Titles Scheme is a structure that allows for shared property or common areas, often used in townhouse or unit developments. Ardor Legal can assist with establishing these schemes, including preparing Community Management Statements and coordinating registration.