Easements and Covenants
Land Titles in Victoria often contain restrictions. These restrictions can be in the form of easements, covenants and a range of other things (e.g. caveats, section 173 Agreements, etc). It is important to understand the effect of the restriction, and if (and how) it can be varied or removed. This usually becomes critical when land is being developed, or it can be considered at the time of purchase.
Easements and covenants shape what can be done with land — a right of way over a neighbour’s driveway, a drainage easement, or a covenant limiting what may be built. They are often decades old, and disputes about their meaning and effect are common when land changes hands or development is proposed.
Although uncommon, it is also possible for easements to be compulsorily acquired by private landowners under certain circumstances.
How we can help
- Advice on the existence, meaning and effect of easements, covenants and other title restrictions
- Disputes about interference with easements, including rights of way
- Applications to vary or remove restrictive covenants
- Easement and covenant issues arising in developments and subdivisions, particularly land the subject of a development application
Many easement and covenant matters are resolved through advice and negotiation. Where proceedings are required, they are generally brought in the Supreme Court of Victoria, and Francke Lawyers acts for clients throughout that process.
To discuss an easement or covenant matter, call Francke Lawyers on (03) 7018 7614, email info@franckelawyers.com.au, or request a callback through our contact page.