Other Interests Registered on Title

What Every Victorian Buyer and Seller Needs to Check Before Settlement

When people talk about “title” to land, they usually mean Torrens Title, Strata Title, or Company Title — but what’s on the title matters just as much as what type it is.

There are many situations where other legal interests are registered on a title, even though the land is freehold. These interests don’t change who owns the land — but they can restrict what you can do with it, or stop a transaction from proceeding.

These interests are not title types — they are encumbrances or notations that stay on the land and bind all future owners.

Common Interests That May Be Registered on Title

1. Easements

An easement gives someone else the right to use part of your land, usually for access, drainage, or utilities.

Most easements are created when land is subdivided and will appear on the Plan of Subdivision. You usually can’t build permanent structures over an easement, and you must allow the authority (or neighbour) access if required.

2. Restrictive Covenants

These are binding rules placed on your land that stop you from doing certain things, like building more than one dwelling, using certain materials, or building too close to the street.

Covenants are usually created by past owners or developers. They stay with the land and can’t be ignored — even if a planning permit has been issued.

3. Caveats

A caveat is a legal notice that someone else claims an interest in the land. When a caveat is lodged on title, no transactions can proceed (like transfer, mortgage or registration) unless the caveat is removed or consent is given.

Caveats are common where there are purchaser rights, disputes, family claims, or unregistered financial arrangements.

4. Section 173 Agreements

These are legally binding contracts between a landowner and a local council under section 173 of the Planning and Environment Act 1987 (Vic).

They often appear in developments, subdivisions or sensitive planning zones and might:

  • Prevent further subdivision

  • Restrict future building

  • Require specific land management (e.g. vegetation, bushfire access)

  • Require financial contributions to council

Once on title, the agreement applies to every future owner. You can’t ignore it or assume it doesn’t apply just because you didn’t sign it.

5. EPA Environmental Notifications

These are alerts placed on the title when the Environment Protection Authority believes the land may be contaminated or affected by industrial use.

They may be triggered by:

  • Former petrol stations

  • Industrial or landfill sites

  • Dry cleaners or heavy chemical use

  • Evidence of soil or groundwater contamination

These notes can trigger ongoing obligations, development limits, or affect finance and resale.

Why These Interests Matter

Any of these can:

  • Delay or derail settlement

  • Restrict what you can build, renovate, or subdivide

  • Reduce your resale value

  • Trigger compliance problems with Councils or lenders

  • Lead to litigation if breached

They also don’t always show up clearly unless a full title and plan search is done — and even then, some need to be ordered manually (like instrument documents or covenant texts).

📌 Always Review the Title — and Know What’s On It

As explained by David Dawn, Licensed Conveyancer at Victorian Property Settlements, every purchaser should get:

  • A title search

  • A copy of the Plan of Subdivision

  • And where applicable, copies of any instruments, caveats or agreements

Sellers should also know what’s on their title — as it could affect buyer confidence, building approvals or future legal claims.

✅ Need Help Understanding What’s on Your Title?

Whether you're buying or selling, we can check your title and explain what every interest means — in plain English. That way, you know exactly what you’re dealing with before it's too late.