Easements and Covenants

Project Status:

Terms of reference received

Start Date:

N/A

Tabled in Parliament Date:

N/A

Reference

In August 2009, the Attorney-General asked the Commission to review Victoria’s property laws. The first
component of the reference was a review of the Property Law Act 1958 (Vic), which the Commission completed
in September 2010. Another report, which deals with the law of easements and covenants, concluded the reference.

Easements and restrictive covenants gained recognition as private property rights well before land use and
planning legislation emerged. They now exist alongside a variety of powers and restrictions created under
the umbrella of planning legislation and enforced by various public entities. The interaction of these separate
bodies of law is not always clear.

The recommendations in this report seek to disentangle property law and planning law while modernising
the relationship between them. Easements and restrictive covenants required for private purposes would be
regulated under property law. Easements and restrictions required for planning purposes would be regulated
under planning law.

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Project Stage

  • Terms of reference received
  • Submissions and consultations
  • Submissions closed
  • Final Report
  • Tabled in parliament

Publications

Publication Date

03/05/2011

This report was tabled in Parliament on 3 May 2011. In it, the Commission made 48 recommendations to simplify and clarify the law, reduce costs, improve access to justice and make it easier for landowners to know their rights and obligations. Read more