VIC Property Law - Removing Restrictive Covenants?

Discussion in 'Property Law Forum' started by Yve, 2 April 2019.

  1. Yve

    Yve Member

    2 April 2019
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    I am in a subdivision with 20 lots have the same Restrictive Covenant. Most of the lots have a Covenant date before 25 June 1991. There is a lot which has the Covenant date post 25 June 1991. The Planning and Environment Act 1987 section 60 says that those lost which have a Covenant date before 25 June 1991 have a more stringent test than those after. The lot with the post date is applying to remove the Covenant to allow multiple dwellings.

    My questions are:

    1. What is the impact of the Covenant Date varying over the subdivision lots, if any?

    2. If a title does not have a Covenant date stipulated, can you assume that the date of title and the Covenant date are identical?

    3. Is it possible that the Covenant dates over the 20 lot subdivision can vary by nearly 3 years? (I have been told that the Covenant was created at the point of transfer and with some lots selling earlier than others hence the difference).

    Thanks for any property law help? I have googled to get these answers without any luck...
  2. Rod

    Rod Lawyer
    LawTap Verified

    27 May 2014
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    1. Nil
    2. Yes
    3. Yes

    You may need legal advice to protect against sub-division. And that advice may vary depending on how the applicant is intending to remove the covenant. If you do seek legal advice the lawyer will need to see the covenant.
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