Know when activity occurs on a property title

A caveat is a notice recorded on a land title that says someone claims to have a legal interest in that land.

For example:

• a buyer has signed a contract to purchase the property
• someone has lent money and claims an interest in the land
• a person claims an interest under an agreement or trust
• there is a dispute about who has an interest in the property

A caveat does not prove the claim is valid. It records that someone is claiming an interest in the land.

You can learn more about caveats by checking out this LANDATA Byte: What is a Caveat?

A dealing is a document or transaction lodged with the Victorian land registry to make or record a change affecting a property title.

For example:

• a property is sold or transferred to a new owner
• a new mortgage is registered against the property
• an existing mortgage is discharged (removed)
• a caveat is lodged against the property
• certain other legal interests or restrictions are registered against the title

A dealing doesn't necessarily mean something is wrong. Many dealings are part of everyday property transactions, such as buying, selling or refinancing a home.

An encumbrance is a legal interest, right or restriction that affects a property. It may limit how the property can be used or give another person or organisation certain rights over the land.

For example:

• a mortgage is registered against the property
• a caveat is lodged because someone claims an interest in the land
• an easement gives someone the right to use part of the land, such as for drainage or access
• a covenant places restrictions on how the land can be used or developed
• a charge is registered against the property to secure a debt or obligation

A covenant is a legal agreement that places restrictions on how land can be used or developed. Covenants are often put in place when land is subdivided or sold.

For example:

• a covenant restricts the types of buildings that can be constructed
• a property can only be used for residential purposes
• certain building materials must be used
• a covenant limits the number of dwellings that can be built on the land
• an existing covenant is changed or removed

Covenants are common and don't necessarily mean something is wrong. They help establish rules about how land can be used.

You can learn more about covenants by checking out our LANDATA® Byte: What is a Covenant?

An easement gives another person or organisation the legal right to use part of a property for a specific purpose, even though they don't own the land.

For example:

• a water authority has access to underground pipes on the property
• a neighbour has a right of way across part of the land
• a drainage easement allows stormwater to pass through the property
• a sewerage easement allows access to maintain underground infrastructure
• an existing easement is changed or removed

Easements can affect how certain parts of your land can be used or developed.

You can learn more about easements by checking out our LANDATA® Byte: What is an Easement?