Positive covenant
A positive covenant requires the landowner to do something: maintain a fence, manage stormwater, or contribute to shared infrastructure. Registered on NSW title.
Ask Chalkline about this →A positive covenant is a registered obligation on a property’s title that requires the owner to actively do something, as distinct from a restrictive covenant which prohibits an action. Examples include: maintain a fence shared with a neighbour, manage on-site stormwater detention, contribute to the upkeep of a shared driveway, or keep vegetation cleared in a bushfire protection zone.
In NSW, positive covenants are created under section 88EA of the Conveyancing Act 1919 (NSW). They appear on title and bind future owners. They are used frequently in new residential subdivisions where councils require stormwater management obligations or shared-infrastructure maintenance to pass to individual lot owners.
Also known as: positive obligation.
Category: Approvals, Conveyancing.
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Last updated: 2026-05-09. Verified: 2026-05-09.