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Matthew Townsend
It’s long been established that equitable restrictive covenants or restrictive covenants inter partes should be construed in a common sense and non-technical way, with the objective being to ascertain the intention of the parties by reference to the words in … Continue reading →
This post was originally published on this site
Matthew Townsend
The Supreme Court is typically unwilling to exercise its power to discharge a restrictive covenant entirely, preferring instead to modify a covenant to allow an applicant’s stated intentions. The objective for applicants should therefore be to modify the restrictive covenant … Continue reading →
This post was originally published on this site
Matthew Townsend
When construing a restrictive covenant, a careful analysis of its various components is needed to understand its true effect, and indeed, whether it is effective at all. For example, one covenant in Toorak dating back to the 1960s, purported to … Continue reading →
This post was originally published on this site
Matthew Townsend
A common challenge in settling an application to modify a restrictive covenant pursuant to section 84 of the Property Law Act 1958 is dealing with beneficiaries’ concerns that “if we agree to this application, future developers will rely on it … Continue reading →
This post was originally published on this site
Matthew Townsend
In Randell v Uhl [2019] VSC 668, Derham AsJ has clarified the notice required before the Court will find a party to be bound by the terms of a building scheme. Where a building scheme is established, all purchasers and … Continue reading →
This post was originally published on this site
Matthew Townsend
In April 2019, in Re: EAPE (Holdings) Pty Ltd [2019] VSC 242, the Supreme Court found that when advancing a case for the modification of a single dwelling covenant, it is legitimate to say that the proposal for modification should … Continue reading →