One of the core principles of property ownership in Queensland is simple — if you own it, you get to enjoy it without interference.

But in practice, that principle often needs to bend a little.

Take the classic “battle-axe block” example: a block surrounded by other properties, with no direct street access. Without a legal workaround, that land would be unusable. The law solves this by allowing one property to have a “right of access” across another’s land — known as an easement.

✅ What is an Easement?

An easement gives one property owner certain rights over another’s land.

For instance, a shared driveway or utility access path may technically belong to one landowner, but they must allow others to use it.

These rights — and the responsibilities that go with them — are recorded on your property’s Title and plan through the Titles Office.

When you buy property, your conveyancing lawyer will conduct searches to reveal whether the land is affected by or benefits from any easements. You might see:

• 📄 The easement registered on the title search; and/or

• 🗺️ The easement shown on the survey plan.

However, these documents often only tell part of the story. They show where the easement is and who benefits, but not how it works — such as who maintains the area or pays for repairs.

That missing detail is often found in covenants that sit beneath the easement agreement.

✅ The Problem with Covenants in Easements

Until now, covenants tied to easements (such as “keep the driveway in good repair” or “don’t block the view”) have not automatically bound future owners.

This meant that even if a covenant existed between two parties, it could effectively vanish when the land was sold — leaving new owners confused or disputing their obligations.

The Property Law Act 2023 aims to fix this long-standing issue.

✅ How Easements are Changing in 2025

Under section 65 of the Property Law Act 2023, covenants contained in registered easements will now bind future owners, provided they relate to the:

• Use of the land,

• Ownership, or

• Maintenance of the burdened land (the land subject to the easement).

This means that if an easement contains obligations to repair, maintain, or contribute to shared infrastructure — those duties now stay with the land, not just the original parties.

✅ Examples of Covenants That Will Bind Future Owners

The Act lists several examples of binding obligations, such as:

• Maintaining or repairing the burdened land;

• Constructing or replacing infrastructure related to the easement;

• Contributing to costs or rates tied to the easement;

• Insuring the land or indemnifying another party.

⚖️ However, the list is not exhaustive — meaning other types of covenants may also qualify if they relate to use, ownership, or maintenance.

This flexibility helps close past legal gaps but also opens the door for future disputes about what exactly counts under the definition.

✅ Retrospective Application

Unlike many new laws, these reforms are retrospective.

That means they apply to existing easements — even those created years before the Act begins on 1 August 2025.

So, if you bought property in 2023 that included an easement with covenants attached, those covenants may now bind all future owners once the law takes effect.

This is a major shift and one that all property owners, buyers, and sellers should understand.

✅ Personal Covenants Still Don’t Bind

The law makes one important exception:
If a covenant is expressly stated to be personal between the current parties, it will not bind future owners.

This gives landowners flexibility — you can still create limited, short-term arrangements that don’t automatically transfer with the title.

✅ Don’t Confuse Easement Covenants with Development Covenants

Not all covenants are the same.

If you’ve bought property in a housing estate, you’ve probably encountered developer covenants — such as rules about building materials or landscaping.

These are not affected by the new reforms. The 2023 changes only apply to covenants attached to easements.

✅ What This Means for Buyers and Sellers

If you’re buying or selling land and see an easement listed on the title — don’t ignore it.

You need to understand:
✔️ Who the easement benefits and burdens,
✔️ What obligations or restrictions it carries, and
✔️ Whether those obligations will pass to you after settlement.

Because these changes apply retrospectively, even transactions in early 2025 may be affected once the Act takes effect.

Failing to investigate could mean inheriting unexpected costs — or being surprised when your new neighbour reminds you it’s time to repaint the shared fence!

⚖️ How Venus Law Corporation Can Help

At Venus Law Corporation, we help Queensland property owners and investors navigate complex title matters with confidence.

Our property law experts can:
✅ Review your property searches and titles for easements or covenants,
✅ Explain what obligations transfer under the Property Law Act 2023,
✅ Draft or negotiate easements that protect your interests, and
✅ Advise on disputes or compliance issues involving shared land rights.

Don’t wait until August 2025 to find out you’re bound by old covenants.

📞 Contact Venus Law Corporation today for proactive advice and clarity about how these easement law reforms affect your property rights.