What to Know About Gold Coast Easements & Restrictions When You’re Selling Your Gold Coast Property
If you’re thinking about selling your home, you’ve probably started noticing the paperwork pile up, title documents, building plans, council records… and maybe something called an easement or restriction.
Not quite sure what that means for your sale? You’re not alone. These things sound more complicated than they need to be, and most homeowners only learn about them when it’s time to sell.
First, What Is an Easement?
An easement is a legal right that allows someone else to use part of your land for a specific purpose. It might be for access, drainage, sewerage, power lines or water supply. Even if you own the land, you can’t block or build over that area.
Some of the most common easements on the Gold Coast include:
- Stormwater or sewer lines that need to stay accessible
- Driveway access shared with a neighbour or the council
- Electricity or NBN access via underground or overhead lines
You might not even notice it’s there, but buyers and conveyancers will.
What About Restrictions or Covenants?
A restriction or covenant is a condition that limits how the land can be used. It might stop you (or a future buyer) from doing things like:
- Building above a certain height
- Subdividing the block
- Running a business from home
- Using certain building materials or colours
These conditions are usually set by developers, councils, or past owners, and they’re legally binding.
Why Buyers (and Agents) Care
Buyers today do their homework. If there’s an easement or restriction listed on the title, they’ll want to know:
- What it affects
- Whether it limits future plans (like adding a pool or garage)
- Whether it affects access or boundaries
- Whether it’s been disclosed properly in the contract
And if it’s not handled clearly, it can lead to renegotiations, delays, or even a buyer walking away.
Does It Mean You Can’t Sell?
No. Most easements and restrictions don’t block a sale, but they do need to be understood, disclosed, and managed properly.
In fact, many homes on the Gold Coast have easements, especially in newer estates or sloping areas where services run between lots.
The key is being upfront, clear, and prepared to answer buyer questions before they arise.
What You Can Do Now
If you’re not sure whether your property has any easements or restrictions, you can:
1. Check Your Title Documents
Your property’s title will show any easements, restrictions, or covenants. You can:
- Request a copy through the Queensland Titles Registry
- Ask your solicitor or conveyancer to look it up
- Or if you’re working with me, I’ll help you check it
2. Get a Clear Picture of Where the Easement Sits
A survey plan or site map can indicate the location of the easement on the property and whether it impacts features such as driveways, sheds, or fence lines.
3. Talk to Your Agent or Conveyancer Early
Getting ahead of these details now avoids surprises later. An experienced agent will know how to guide the conversation with buyers and present the property in a positive light, even if an easement is in place.
Glossary of Common Terms (Simplified)
Easement
A legal right that allows someone else (like a neighbour or a council) to use part of your property for a specific reason, often for access, drainage, or utilities.
Right of Way
A type of easement that gives someone else the legal right to travel through a section of your land, usually for shared driveways or footpaths.
Drainage Easement
A strip of land that must remain clear so stormwater or sewer pipes can be accessed, maintained, or upgraded.
Utility Easement
An area that allows providers like Energex, NBN, or council workers to access services like power lines or water meters on your property.
Covenant
A rule placed on your property title that restricts or requires certain things (like not being able to build higher than a set height, or needing specific fencing).
Restriction
Similar to a covenant, a restriction stops you from doing certain things on your land, often for safety or shared use reasons.
Encroachment
When a structure (like a fence, shed, or driveway) crosses onto a neighbour’s land or an easement zone, often by mistake.
Registered Plan / Survey Plan
A detailed map of your property boundaries and any easements or covenants held by Titles Queensland.
Title Search
A search that provides the official details of your property, including ownership, easements, mortgages, and any restrictions.
How to Check Your Own Title and Easement Info
If you’re unsure whether your property has easements or restrictions, here’s how to find out yourself, before buyers do.
Step 1: Have your property details handy
You’ll need your lot and plan number (e.g. Lot 12 on RP123456) or your full street address.
Tip: You can usually find your lot/plan on your rates notice or contract of sale (if you still have a copy).
Step 2: Visit the Titles Queensland website
Go to: www.titlesqld.com.au
Click on Order a Title Search.
Step 3: Order a Current Title Search
This costs around $20–30, and gives you the latest registered information, including:
- Current owner
- Mortgages
- Easements
- Covenants and restrictions
- Dealings or notices
Step 4: Optional – Order the Survey Plan
For an additional fee, you can also download the survey plan (also called the registered plan), which shows:
- Your boundary lines
- Exact easement locations
- Dimensions of your lot
This is a useful visual document if you’re planning to sell or need to clarify the use of land.
Step 5: Review or ask for help
The documents can be a bit technical. If anything seems unclear, you can ask your solicitor or conveyancer for clarification.
Why It Matters Before You List
Buyers (and their solicitors) will check this info anyway. By understanding your property’s title and easements before listing, you:
- Avoid last-minute surprises
- Can disclose things honestly and confidently
- Have time to sort out any small encroachments or compliance issues
And that goes a long way in building buyer trust and helping you sell on stronger terms.
Thinking of Selling but Not Sure Where to Start?
If you’re on the fence, that’s perfectly normal. There’s a lot to consider, and boundary issues are just one piece of the puzzle.
The most important thing is not to wait until the last minute to address the legal aspects. Even a quick conversation can help you feel more prepared.
If you’d like to chat (no pressure, no push), I’m happy to help you understand what’s on your title and whether it’s likely to affect your sale.
Let’s make sure you know exactly what you’re working with, so you can sell with confidence when the time’s right.
THIS IS HOW YOUR JOURNEY TO A SUCCESSFUL GOLD COAST PROPERTY SALE STARTS
My simplified guide below will take you through a 20-step process for selling your property anywhere on the Gold Coast;
I proudly sell homes across the entire coast.
1. PREPARING YOUR GOLD COAST PROPERTY FOR SALE + SOME OF THE LEGAL REQUIREMENTS
- Tidying gardens and decluttering everything inside and out.
- All homes for sale, are legally required to have hardwired photoelectric, interconnected smoke alarms.
Non-removable 10-year battery smoke alarms can be installed as an alternative.
- By law, you are required to complete a pre-contractual seller’s disclosure statement: generally related to limitations, restraints, or defects in the property title, such as easements, covenants, leasing, zoning, etc.
- A pool safety certificate is also required if you have a swimming pool or if the property has a shared swimming pool (Body Corporate).
2. COMPARATIVE MARKET ANALYSIS REPORT FOR YOUR GOLD COAST PROPERTY
After showing me around your property, I will provide you with a Comparative Market Analysis (CMA) report. This is a detailed, legally required analysis of your home’s market value.
The CMA is based on recently sold and for-sale properties similar to yours in the immediate area. I will need to view your home to prepare this report.
3. SETTING A MARKETING BUDGET FOR YOUR GOLD COAST HOME
The third step in selling your home is to create a marketing budget.
By law, this must be based on actual costs.
There are various marketing options to consider, such as:
– Internal, External and Drone Photography.
– Property and House Plans show potential buyers the exact layout of your home and property.
– Internet Advertising on platforms such as RealEstate.com.au, Domain.com.au, Facebook.com, Instagram.com, etc.
– For Sale Sign on the street is still essential to attracting potential buyers. Even though many buyers start their search online, they often drive around neighbourhoods to see what’s available.
A simple fact: Not having a For Sale sign can significantly reduce the number of people who see your property and may be interested in buying it.
4. PREPARING AND APPROVING THE FORM 6 AGREEMENT WHEN SELLING A GOLD COAST PROPERTY
A Form 6 Agreement is a document provided by the Queensland State Government. It outlines all relevant details of the property sale, including the marketing budget.
Our administration team will prepare this form for you and send it for your review and approval.
5. PAYING THE MARKETING BUDGET FOR YOUR GOLD COAST PROPERTY
Once you have approved the Form 6 Agreement, the next step is to pay for the marketing budget that you have chosen.
6. STARTING THE ADVERTISING PROCESS
Once your payment is received, the advertising campaign will commence.
Advertising strategies will align with the choices you made within your marketing budget.
7. MONITORING MARKET RESPONSE
If your property hasn’t received offers within 30 days, don’t assume there’s no interest.
It often means the price isn’t aligned with what buyers are willing to pay at this time.
This is your signal to review and adjust your pricing strategy so your home remains competitive and receives the attention it deserves.
8. ARRANGING BUYER VIEWINGS
When buyers express interest in your property, viewings will be arranged to allow them to see your home in person; you need to be away from the property during these viewings.
This helps potential buyers feel relaxed and visualise themselves as the new owners, thereby forming a deeper connection with your property.
9. CONSIDERING A BUYER’S OFFER
When you receive an offer on your home, it means a buyer is serious and ready to move forward at a certain price.
This is a key moment in your selling journey. Take the time to go over the offer carefully.
Look beyond the price; check the terms, conditions, and settlement timeframes. Make sure it works for you before accepting, countering, or declining.
10. ACCEPT, COUNTER, REJECT
When an offer is presented, you will need to respond by accepting, countering, or rejecting it.
Accepting locks in the agreed-upon price and terms.
Countering proposes changes and initiates further negotiations. If countering, present revised terms clearly; open, respectful communication is key for a smooth sale.
Rejecting means the offer is unacceptable; in this case, respond promptly and professionally, explaining your reasoning for the decision.
11. YOUR LEGALITIES
When you finally accept an offer, you will engage your conveyancer or solicitor to facilitate the legal requirements to complete the sale.
If you are part of a Body Corporate, you will need to provide a Disclosure Statement from them.
Your solicitor will use PEXA to settle your property. Part of the process requires Verification of Identity. Also, anyone selling a property must complete an ATO Clearance Certificate.
12. BUYER’S DEPOSIT
The buyer’s deposit is a crucial step in the property purchase process; it will be held in the agency’s Trust account.
This is a tangible expression of the buyer’s commitment to purchase your property.
13. BUILDING AND PEST INSPECTIONS
Typically, a buyer will arrange for a building and pest inspection report to be completed, usually within 14 days of the contract date.
Additionally, they may have the contract subject to finance, which is generally applicable for 21 days from the contract date.
14. COMPLETING YOUR GOLD COAST PROPERTY SALE
Based on the outcome of the building and pest inspection report, as well as any finance being sought, the buyer will proceed with their offer or withdraw it.
At this point, the sale either falls through or becomes unconditional.
15. LOOKING FOR YOUR NEW PROPERTY
If the sale becomes unconditional, it is time to start looking for a new property. Remember, there is no need to rush.
It is essential that you take your time, as this needs to be a very considered purchase.
Your new home is of substantial value and can be costly if you change your mind. Something you may want to investigate is Short-Term Bridging Loans.
16. ALTERNATIVES YOU SHOULD CONSIDER
An alternative to seriously consider when deciding where to live between selling and buying is renting while you look for a new property.
Renting for a short period gives you breathing room; it allows you time to clear your head, make a confident, considered decision, and ultimately buy where you truly want to live, with no pressure or panic.
17. TIME FOR YOU TO MOVE
Leaving your home opens doors to a new chapter full of new beginnings. Embrace the excitement of a fresh start and cherish the memories you’ve made.
Every box you pack brings you one step closer to a new adventure full of possibilities that lie ahead.
18. YOUR SALE CONCLUDES
The culmination of the property sale is settlement; it marks the transfer of the property to the new buyer.
As the final chapter concludes, this marks a sense of achievement: your property has now SOLD.
19. YOUR FUTURE OPTIONS
If you have chosen to rent, you will continue to look for and eventually purchase a property, apartment, or perhaps even buy land and build; now there’s something to consider.
20. TIME TO UNWIND AND MAKE YOUR NEW HOME YOUR OWN
As you unpack and furnish your new home, embrace the gradual process of creating your haven.
Enjoy the transformation, one room at a time.
Relax in the tranquillity of your surroundings and immerse yourself in the gentle sounds of your new neighbourhood.
Explore the nearby parks and cafes; enjoy the unique charm of your new community.
Remember, settling in is a journey in itself; it’s not a race. Embrace the process of creating a home that reflects your unique style and personality.
Whether you’re downsizing, relocating or just ready to move on, I’ll guide you through every step of selling your Gold Coast home with confidence and ease.
Navigating the intricacies of selling your property can be complex, but it doesn’t have to be.
My 20-step guide provides a simplified general overview; as you would naturally expect, your steps may vary.
Author – Craig Douglas
Are you ready for a conversation about selling your Gold Coast home?
Let’s get you Selling
LET’S GET YOU SOLD
Craig Douglas 0418 189 963
Professional | Knowledgeable | Experienced
You can find me at a Boutique Real Estate Agency
These are just some of the suburbs that I proudly sell homes in:
Nobby Beach
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight“.
I negotiate and sell on behalf of property owners who want to get the best possible price, with the least amount of hassle. Let’s talk about the process of selling your property over a coffee to get you started – 0418 189 963
