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Understanding Land Covenants: What You Need to Know

By Laurie Atkinson, Planner, Baseline Group | Mar 28, 2025

Understanding Land Covenants: What You Need to Know

If you own property or are thinking about buying land, you’ve probably come across the term "land covenants." These are legal restrictions recorded on a property’s title that set out rules on how the land can be used or developed. They’re usually put in place by developers, councils, or previous landowners to maintain a certain look and feel in a subdivision, protect the environment, or control what can and can't be built. While covenants can help keep property values stable and maintain the overall character of a neighbourhood, they can also come with some unexpected restrictions.

What Do Land Covenants Cover?

Land covenants can cover a wide range of things. For example, they might require houses to be built using specific materials or meet certain architectural standards. Some covenants set a minimum house size, which means tiny homes or smaller houses might not be allowed. Others might control landscaping, dictating what types of fences you can build or whether you can cut down certain trees. Many residential subdivisions can impose covenants which also ban people from running businesses from their homes and prevent homeowners from adding secondary dwellings like granny flats. In newer neighbourhoods’ covenants are generally imposed when developers want to maintain a uniform look.

Checking for Land Covenants Before You Buy or Build

Before you buy a property or start making plans for development, it’s essential to check if any covenants apply. These restrictions are listed on the property’s Record of Title, which you can get through Land Information New Zealand (LINZ). If you’re unsure about what the covenants mean, it’s a good idea to talk to a lawyer or a planning expert. If you’re buying in a new subdivision, you should also check with the developer or local council to make sure you fully understand any rules in place.

Can You Change or Remove a Land Covenant?

One of the biggest questions property owners have is whether a land covenant can be modified or removed. Because these covenants are legally binding, they can be tricky to change. However, there are a few options. If all affected parties—such as neighbours or the original developer—agree, a modification or removal might be possible. If a covenant is outdated or considered unreasonable, you can apply to the High Court to have it changed or removed, but this can be a complicated and costly process. Some covenants also have expiry dates, after which they no longer apply.

Making Informed Property Decisions

Understanding land covenants is key to avoiding surprises and making informed property decisions. While they can help protect property values and maintain a neighbourhood’s appeal, they can also limit what you can do with your land. Before making any big investment or construction plans, be sure to review the covenants on your title and get professional advice if needed. That way, you’ll be well-prepared to navigate any restrictions and make choices that suit your long-term goals.

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