Table in parliament

Property

In 2009 the Commission was asked to review Victoria’s property laws. The review was divided into two projects:

  • a review of the Property Law Act 
  • a review of easements and covenants. 

Review of the Property Law Act 1958

Associate Professor Pamela O'Connor from Monash University was appointed a part-time Commissioner and conducted the project.

The Commission published a consultation paper in April 2010 and received 19 submissions. 

The Commission consulted with legal practitioners, judges, academics,

surveyors, government officials, VCAT members and other key stakeholders involved

with property law in Victoria. The Commission was assisted by a consultative committee of property law academics and practitioners, including Land Victoria and the Department of Planning and Community Development, and senior judges. 

The Commission’s final report was tabled in Parliament on 29 October 2010. The Commission made 58 recommendations calling for a comprehensive overhaul of the law, for the first time in 82 years. 

Easements and covenants

This review was the second stage of the Commission’s review of Victoria’s property laws. Associate Professor Pamela O'Connor from Monash University led this review. 

An easement is a right to make use of someone’s land without occupying it. A restrictive covenant limits what can be done on or with the land if the land is sold or transferred.

A consultation paper was published in July 2010 and 35 written submissions were received. 

The Commission's final report on the laws of easements and covenants was tabled in Parliament on 3 May 2011. The report contains 48 recommendations that aim to simplify and clarify the law, reduce costs, improve access to justice and make it easier for landowners to know their rights and obligations. 

Follow the links below to the final report, terms of reference, consultation paper and received submissions.

Timeline

Current:

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament

Project Publications

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