Easements and Covenants

Easements and Covenants

Removing or modifying a restrictive covenant or easement can immediately add significant value to land. It can result in the ability for you to build more dwellings, build higher or utilise parts of the land which were previously off limits. It can also give you more freedom and enjoyment in how you use your land, for example by removing any restrictions in respect of the look and feel of your property.

If you are a developer, builder, owners corporation or similar, you may also want to register covenants or easements as part of your planning.

Unintended consequences, loss of value and significant delays can arise from overlooking minor details in planning laws, and it is important to have lawyers in your corner who have the track record, resources and expertise to fully commit to your matter.

The area of easements and covenants is a very specialised area of law, and to be properly advised you require a legal team familiar with the Planning and Environment Act, Subdivision Act, Transfer of Land Act and Property Law Act. Beck Legal’s Property and Development team stays on top of developments in the law and the VCAT decisions in respect of easements and covenants, to ensure that you are always receiving the best planning advice possible.

Our Easement and Covenant Services

Beck Legal’s easement and covenant services include:

  1. Registration of easements and covenants;
  2. Advice on the best method to remove an easement and your prospects of success, including:

    a. Removal of easements under the Subdivision Act, which involves consideration of the need for the easement against the detriment to the owner;
    b. Removal of easements under the Transfer of Land Act, which requires evidence that the easement has been abandoned or extinguished.

  3. Advice on the best method to remove a covenant and your prospects of success, including by:

    a. amendment to the planning scheme;
    b. obtaining a planning permit;
    c. agreement with those who have the benefit of it; and
    d. court order.

Working with Town Planners

Beck Legal has built up relationships with reliable and trusted town planners across Victoria. If required, we can connect you with town planners we have seen get results. Otherwise, we are always happy to work with your existing town planner to secure the outcome you are looking for.

Why work with Beck Legal?

If you have any restrictive covenants or easements passing over your land and you are interested in removing or varying them, talk to our property and planning team to see what we can do for you. You can contact us here.