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Most buyers focus on what a property is today, not what a government might do with it tomorrow. That is the misconception that makes resumption one of the most overlooked risks in Queensland conveyancing. A title search confirms who owns the land; it does not reveal whether a transport authority, local council or other government body has flagged it for future infrastructure.
In Queensland, governments can acquire private land for public purposes by negotiation or by a compulsory process known as land resumption, according to the Queensland Government. The acquiring body gives formal notice, the owner has the right to object and to claim compensation, but the process can ultimately proceed. For a buyer who did not search for this risk before signing, the news can arrive after the contract is binding.
Our Springfield team helps clients across Greater Springfield and Ipswich with property conveyancing, including the searches that reveal what a title search alone does not.
Here is how resumption and infrastructure searches work in Queensland, and why they belong on every buyer's pre-contract checklist.
Key takeaways
- A notice of intention to resume does not take the land immediately.
- Buying after part of a property is acquired generally removes compensation rights.
- Property searches reveal transport, council and infrastructure interests before signing.
This article is general information only and is not legal advice. Every situation is different, and you should speak with a solicitor about your own circumstances.
What is land resumption and how does it work in Queensland?
Land resumption is the compulsory process by which a Queensland government body acquires private land for a public purpose, according to the Queensland Government. Bodies that can resume land include the Department of Transport and Main Roads, the Coordinator-General, Energex, Ergon Energy and local governments. The process starts with a notice of intention to resume, which is served on every person the authority knows can claim compensation, and on any mortgagee. That notice must allow at least 30 days to object, according to Queensland's Acquisition of Land Act.
The notice does not transfer ownership. The owner does not have to move out at that point. The authority must then make a formal application to take the land within 12 months of the notice. Land is taken on the day the resumption notice is published in the government gazette. At that point the land vests in the Crown or the acquiring authority, freed of mortgages, charges and other interests, and each person's interest becomes a right to claim compensation. Compensation is based on market value on the gazette date, and if it cannot be agreed either party can go to the Land Court.
The seller disclosure statement, required since 1 August 2025 under Queensland's Property Law Act, records whether the lot is affected by a government notice given to the seller about a transport infrastructure proposal to put infrastructure on the lot or alter its dimensions, or by a notice of intention to resume any part of it, according to the Queensland Government. However, disclosure reflects what the seller knows. It is not a substitute for an independent search.
What does the seller disclosure statement not cover?
The seller disclosure statement captures notices that have been formally given to the seller. It does not reveal proposals that are still at a planning stage, infrastructure designations recorded on government systems but not yet served as a formal notice, or corridor reservations that sit on transport authority databases but have not yet reached the landowner.
A transport corridor, a future busway or a planned road widening can sit over a property for years before a formal notice issues. For a buyer, that gap between planning and formal notice is the risk period. The property may appear perfectly clear on the seller's disclosure because the seller has received nothing, while a transport authority's property search would show an existing land requirement against the site.
This is why infrastructure searches sit alongside, not instead of, the seller disclosure statement.
What searches reveal infrastructure and resumption risk?
Several searches address this risk, and the right combination depends on the type and location of the property.
Transport and Main Roads property search:
- › The Department of Transport and Main Roads offers a property search that lets a buyer check whether the department has, or may have, a land requirement against a property, according to the department. It covers all transport projects including railways, busways and state-controlled roads.
Energex, Ergon and Powerlink:
- › Separate property searches exist for the major electricity network operators, according to Business Queensland. These reveal whether an electricity infrastructure easement or acquisition interest affects the lot.
Council infrastructure charges and planning certificates:
- › Ipswich City Council's limited planning and development certificate includes outstanding infrastructure charges against the land and unregistered resumptions or realignments, according to the council. Infrastructure charges levied on development attach to the land and bind the owner and later owners, and charges not paid in time may be transferred to the rates account.
Title search:
- › A current title search through Titles Queensland shows registered easements and encumbrances, including any access or drainage easement in favour of a government body. It does not show unregistered infrastructure intentions.
Resource authority searches:
- › Free online search tools show resource authorities that overlap a property, according to Business Queensland. Resource agreements bind future landholders, and conduct and compensation agreements for mining activities must be recorded on the title as an administrative advice.
"A clear title search means the land is registered correctly, not that no government body has plans for it. Infrastructure and transport searches are different enquiries, and both matter before a contract is signed."
Jade Kickbusch, Principal, Brookwater Legal
What happens to compensation rights when property is bought after an acquisition?
This is one of the most important distinctions in this area of law. The Coordinator-General states that the owner of a property is not entitled to compensation if they buy it after part of that property, or an easement on it, has already been compulsorily acquired, unless compensation is part of the terms of the contract of sale.
In practical terms: if a portion of a lot has already been resumed before the buyer signs a contract, and the contract does not deal with compensation, the buyer takes the reduced property without a claim against the acquiring authority. The right to compensation belonged to the previous owner at the time the land was taken. It does not pass automatically to a later buyer.
This means a buyer who purchases without searching may also purchase without recourse. The seller disclosure statement does not address past acquisitions where the formal notice process has already completed.
How does an infrastructure designation affect a property?
An infrastructure designation is a formal decision by a government minister or local government identifying premises for a specific infrastructure purpose, under Queensland's Planning Act. Once in place, it can restrict what the owner does with the land.
An infrastructure designation stops having effect six years after it starts unless an exception applies, according to the Planning Act. Exceptions include where a public sector entity has since acquired the premises, holds an easement over them for the same purpose, or has given a notice of intention to resume them. A designation can also be extended for up to six years by gazette notice.
For a buyer, a designation over part of a lot signals that infrastructure is genuinely planned for that land. Even where no formal resumption has yet occurred, the designation affects how the land can be used and developed in the interim.
How does a solicitor approach these searches before you buy?
A solicitor reviewing a proposed purchase in Greater Springfield or Ipswich considers the searches appropriate to the specific site, because the relevant infrastructure risks differ between an established suburban lot, a new release parcel and a larger acreage. Each search reveals something different.
Step 1: Talk to us
Get in touch and we'll explain which searches are relevant to the property you are considering and what each one is designed to reveal.
Step 2: Review the contract and disclosure documents
We check the seller disclosure statement for any notices already served on the seller, and review the contract for any special conditions that address resumption risk or compensation entitlements.
Step 3: Order the appropriate searches
We order the transport, council planning, title and any relevant resource or electricity searches against the property. Where a result shows a land requirement or designation, we advise on what it means for the proposed purchase before the contract becomes binding.
Step 4: Report before commitment
We report the search results to you before the cooling-off period ends or before any unconditional commitment is made, so that the decision to proceed, renegotiate or withdraw is an informed one.
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What do these searches not reveal?
No search provides a complete guarantee. Infrastructure searches reveal what government systems currently record. They do not reveal proposals still at an early feasibility stage that have not been formally recorded against a property. A clear transport search today does not mean no project will be announced tomorrow.
Searches also do not address nearby infrastructure that takes no land from the property itself. A new road widening on adjacent land, or a changed traffic arrangement at a nearby intersection, affects amenity and access without touching the buyer's title. Those matters are addressed through the buyer's own inspections and enquiries about the surrounding area.
For properties near Ipswich, the council's Development.i tool shows development applications lodged since 2005, including nearby approvals that may indicate planned infrastructure activity in the area, according to Ipswich City Council. It does not replace the formal search process but can be a useful starting point.
Frequently Asked Questions
What is a notice of intention to resume in Queensland?
It is a formal notice served by a resuming authority under Queensland's Acquisition of Land Act, giving the owner at least 30 days to object before the authority applies to take the land. The notice does not transfer ownership; the land is taken only when a gazette notice publishes the resumption.
Does the seller disclosure statement cover infrastructure plans in Queensland?
The seller disclosure statement records notices formally given to the seller about transport infrastructure proposals or a resumption intention, according to the Queensland Government. It does not reveal proposals still in planning, or corridor reservations on authority databases that have not yet been served on the owner.
Can a buyer claim compensation for resumption of land purchased in Queensland?
Generally, a person who buys a property after part of it has already been compulsorily acquired is not entitled to compensation for that acquisition, according to the Coordinator-General, unless compensation is expressly included in the contract of sale terms.
How long does an infrastructure designation last in Queensland?
An infrastructure designation generally stops having effect six years after it starts, under Queensland's Planning Act, unless an exception applies such as the authority having acquired the premises or given a notice of intention to resume them. It can be extended for up to six years by gazette notice.
What does a Department of Transport and Main Roads property search show in QLD?
It shows whether the department has, or may have, a land requirement affecting the property, covering all transport projects including railways, busways and state-controlled roads, according to the Department of Transport and Main Roads.
Do I need a solicitor for resumption and infrastructure searches in Springfield or Ipswich?
A solicitor can identify which searches are relevant to the specific property, order them before the contract becomes binding, and advise on what a result means for the purchase. Our conveyancing team assists buyers across Greater Springfield and Ipswich with this process.
Does a resource authority over a property in Queensland affect a buyer?
Yes. Resource agreements bind future landholders, and conduct and compensation agreements for mining activities must be recorded on the title as an administrative advice, according to Business Queensland. A buyer takes the property subject to any existing resource authority arrangements.
Your Next Steps
For buyers in Greater Springfield, Ipswich and across Queensland, understanding what sits over a property before signing is a straightforward part of the conveyancing process. The searches are well established and the results are available before any commitment is made. What changes the outcome is doing them in the right order, at the right time, before the contract binds.
If resumption and infrastructure searches are on your mind, the next step is a straightforward one. Get in touch with the Brookwater Legal team or call (07) 3437 8555, and we'll talk you through how the process generally works.
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External Resources
- Queensland Government – Government land acquisition and resumption
- Department of Transport and Main Roads – Land and property resumptions
- Department of Transport and Main Roads – Property searches
- Ipswich City Council – Infrastructure Planning
- Queensland Government – Seller disclosure scheme
- Business Queensland – Survey marks and property boundaries
Brookwater Legal · This article contains general information only and does not constitute legal advice. It does not take into account your individual circumstances. You should obtain legal advice about your own situation before acting on anything in this article. Liability limited by a scheme approved under Professional Standards Legislation.
