
Restrictive covenants often fly under the radar, but they can significantly shape how land is used across Gippsland. Whether you’re buying your first property, planning a subdivision, or reimagining your land’s potential, understanding restrictive covenants is vital. At Pathfinder Law, we’re here to help you navigate these legal commitments with clarity and confidence.
What Are Restrictive Covenants?
A restrictive covenant is a legally enforceable obligation attached to a parcel of land, which binds future owners of that property. For example, a covenant might prohibit the construction of more than one dwelling or prevent subdivision.
Unlike standard land-use regulations, restrictive covenants have a unique twist—they are often there for other landowners in the neighbourhood to enforce in addition to the original developer. They also enjoy special protections under town planning schemes, making them a factor you can’t afford to overlook when purchasing land or planning developments.
Why Are Restrictive Covenants Imposed?
These covenants are often established by developers to maintain a neighbourhood’s character. For example, a developer might set conditions to ensure uniformity in house styles, preserve open spaces, or control further density. While these intentions may benefit the broader community, they can present challenges for property owners with different visions for their land.
Who Needs to Pay Attention to Restrictive Covenants?
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- Prospective Property Buyers
If you’re buying land, it’s crucial to check for restrictive covenants. They could derail plans to build your dream home or pursue other development ideas.
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- Current Landowners
Thinking about subdividing or applying for a planning permit? An existing covenant could impact your project, delaying or even halting your plans.
The Impact of Restrictive Covenants on Your Land
If your property benefits from a restrictive covenant, you may have the legal right to enforce it. On the other hand, if a restrictive covenant burdens your land, you’ll need to ensure your development or use complies with the covenant or take steps to amend or remove the restriction.
Who Benefits From Restrictive Covenants?
Restrictive covenants typically benefit the original developer or vendor. In some cases, other landowners in the area may also hold enforcement rights. However, recent court rulings have clarified that not every neighbour will automatically have the right to enforce a restrictive covenant.
Determining the beneficiaries of a covenant requires technical expertise, including a thorough review of the restrictive covenant, title histories and relevant legal documents for your land. This is where professional guidance is essential.
Can Restrictive Covenants Be Changed or Removed?
The short answer is yes, but the process can be complicated and there are a number of options – including applications to Council or to a Court.
Each method has its pros and cons, and the right approach depends on your land, the specific covenant and your goals.
How Pathfinder Law Can Help
At Pathfinder Law, we specialise in helping Gippsland’s property owners and buyers navigate restrictive covenants. Our team can:,
- draft clear, enforceable covenants as part of your development projects.
- identify covenant beneficiaries, ensuring your planning applications are well-supported.
- work with your planning team to advise & implement covenant variation or removals to enable your projects to proceed, including prosecuting any necessary Court applications for permission to vary or remove covenants burdening your land.
Take Control of Your Property Plans
Restrictive covenants don’t have to stand in the way of your property goals. With Pathfinder Law by your side, you’ll have the tools and expertise to understand your options and take the right steps forward.
If you’re dealing with restrictive covenants—or simply want to ensure your property plans are on solid legal ground—contact us today.
Call us on 0356197031 or email us at paige@pathfinder.law to book a consultation.
Together, we’ll help you make informed decisions and unlock your property’s full potential.
Pathfinder Law: Building Gippsland’s future through better legal services. Let us help you navigate your next property challenge with ease.