If you are looking at purchasing a property, or looking to develop your own property, you may find that there is a covenant registered on Title. If this is the case, you need to understand what a covenant is and what affect is has on you, your land now and in the future.
What is a restrictive covenant?
A restrictive covenant is an agreement between land owners that limits the way in which land can be used and developed. These agreements are registered on Title and are attached to the land until they are removed.
If you are intending to sell your property, you are required to disclose the existence of the covenant in your Vendor’s Disclosure Statement.
Types of restrictive covenants
There are three main types of restrictive covenants:
1. Building covenants which are imposed by developers that ensure landowners complete building works within a certain period of time and follow specific building requirements (eg: construction materials, colours, fencing, etc);
2. Covenants to protect neighbourhood character; and
3. Covenants that provide rules for communal living.
How do you remove a covenant?
As mentioned above, a covenant continues with the land until the time when it is removed legally by:
- Application to the Supreme Court for an order under the Property Law Act 1958 (Vic);
- Amending the Planning Scheme; or
- Applying for a Planning Permit.
How can Nevett Ford assist?
If you wish to remove a restrictive covenant, you should always obtain legal advice prior. Nevett Ford Lawyers has experience dealing with covenants and can provide advice as to the best option in the circumstances. We can also provide advice should you be purchasing property where a covenant is registered on
Please contact us on 03 9614 7111 or email us to discuss.