Removal of restrictive covenants

A restrictive covenant will always impose a restriction on your use and enjoyment of the land. While the process of removing a restrictive covenant may seem complex and difficult, we offer you comprehensive legal assistance throughout the process. Being experts in property law, we possess years of experience in making effective and successful applications for the removal of covenants to local councils and the Supreme Court. 

tt

Loading image...
judge

What is a restrictive covenant?

A restrictive covenant is a written agreement between landowners that limit the way land can be used or developed. When purchasing land, particularly for development, it is critical that you understand any potential restrictions that may be placed on it pursuant to a covenant.

The presence of a restrictive covenant may limit your ability to further develop land in the future.

The existence of a restrictive covenant is recorded on the Certificate of Title for the land.

Removing or varying a restrictive covenant?

If you have a covenant restricting your ability to develop the land, you may be able to remove or vary it in one of the following ways:

  1. By applying to the Supreme Court of Victoria

  2. By requesting that the planning scheme be amended; or

  3. By applying for a Planning Permit relating to the covenant

Covenants are divided into two broad categories:

  1. Covenants created prior to 25 June 1991; and

  2. Covenants created after 25 June 1991

tt

In our experience, covenants created prior to 25 June 1991 are harder to remove and will require an application to the Supreme Court of Victoria. Covenants created after 25 June 1991 have been made under the reformed property law system, which applies a less restrictive test for their variation or removal.

removal restrictive covenants

Do you have a covenant on your property and are unsure what to do next?

In most circumstances, it would be prudent to try to have the covenant removed or varied by applying for a planning permit to your local council. Our team at SettleHub can assist you in making this streamlined application with all the necessary documentation. As a first step, you must provide the council with a letter from a property law expert confirming the existence of the covenant and indicating which land and landowners have the benefit of the covenant restriction.

tt

We understand the burden that a covenant can place on your development ambitions and aim to ensure the process is efficient and cost effective. In the circumstances where an application to the council fails or is unlikely to be successful, our lawyers can assist you in making an application to the Supreme Court to have the covenant varied or removed.

tt

This process is highly technical and can lead to multiple cost implications if improperly handled. In our expert hands, you can be assured that the most effective application is being made to the courts to have your matter resolved.

FAQs on Restrictive Covenants

Find answers to commonly asked questions

Loading accordion content...

Client Reviews

Latest from Google

kavindu amugoda

kavindu amugoda

I’m really grateful to Keith and the whole MJ Legal team for all the help and support throughout the process. Keith was always very helpful, professional and easy to talk to. Whenever I had questions or was stressed about something, he explained everything clearly and always made me feel supported. The whole team was really good with communication and handled everything very professionally. I’m really happy with the outcome and I truly appreciate all the work they did for me. I would definitely recommend MJ Legal to anyone who needs immigration help. Thank you so much Keith and the team for everything. I really appreciate it.

a week ago

Neth Udakara

Neth Udakara

I’m so happy to have received my visa! A big thank you to MJ Legal for their support throughout the process. Special thanks to Amasha for being so helpful, and supportive every step of the way. She and team made the whole process much easier and stress-free. Really appreciate all your help and highly recommend MJ Legal!

a week ago

Janith Dissanayake

Janith Dissanayake

As an applicant, one of the most important things you need from your lawyer or migration agent is communication. You want to know what’s happening, what comes next, and that someone is actually there when you need them. Tamasha, Amasha, Keith, and the whole team at MJ were exceptional at this. From the very beginning to the end of the process, we never felt left in the dark. We always knew where things stood, what was needed from us, and what the next step was. They were honest, transparent, easy to reach, and always willing to explain things properly whenever we had a question. Our case wasn’t particularly complicated, but the way they handled everything still gave us a lot of confidence and peace of mind. We never felt like just another file, and you could tell the team genuinely cared about getting things right. If our case had been more complex, or if I ever had to go through this process again, there genuinely isn’t another firm I would want handling it. We’re incredibly grateful to the whole team at MJ, and I wouldn’t hesitate to recommend them to anyone going through the migration process.

2 weeks ago

Kasun Tharaka

Kasun Tharaka

MJ Legal has been behind me throughout my entire journey since 2019, when I first arrived in Australia as an international student. Their professional guidance and support have helped me move forward through every chapter of my Australian journey — especially during the challenging COVID-19 period, my Temporary Graduate Visa (485), my partner’s dependent visa, Employer Sponsored Visa, and finally, my Permanent Residency. A special thank you to Keith and the entire team for their continuous support, professionalism, and guidance throughout the years. I truly appreciate everything you have done for me and my family. I highly recommend Keith and the MJ Legal team to anyone looking for reliable and professional migration assistance. Keep it up, team! 👏🇦🇺

2 weeks ago

S

Sarah Johnson

Excellent service from MJ Legal. They handled my visa application professionally and efficiently. Highly recommend their expertise in immigration matters.

2 weeks ago

Google

More reviews

See the latest on Google

Read authentic experiences from our clients.