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Matthew Townsend
It is relatively unusual for large development applications to simultaneously seek both planning approval and the modification or removal of a restrictive covenant. This is particularly so for covenants created prior to 25 June 1991 where section 60(5) of the … Continue reading →
This post was originally published on this site
Matthew Townsend
The Supreme Court has approved the use of section 84(1)(a) of the Property Law Act 1958 as a means of cleansing a title of a reference to a restrictive covenant with no further work to do. Practitioners have in the … Continue reading →
This post was originally published on this site
Matthew Townsend
In 2011, in Zwierlein v Baw Baw SC [2011] VCAT 74, the Victorian Civil and Administrative Tribunal refused an application for a three lot subdivision on land in Warragul after finding it was “unable to say that a beneficiary of … Continue reading →
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Matthew Townsend
In Rose Burwood Pty Ltd v Whitehorse CC [2021] VCAT 755, the Victorian Civil and Administrative Tribunal adopted a potentially inexpensive means of construing a building materials covenant. The parties appear to have made written submissions to the Tribunal and … Continue reading →
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Matthew Townsend
It is important to remember that the Supreme Court will not enforce each and every breach of a restrictive covenant. A plaintiff discovered this, to his detriment, in Manderson v Smith S ECI 2020 03378. This case concerned a resident … 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 →