What Is a Covenant on Title in Victoria?

A covenant on a land title in Victoria is a legal agreement or restriction that is registered on the Certificate of Title of a property. It imposes certain obligations or limitations on how the land can be used or developed. These covenants are binding on current and future owners of the land.

Restrictive covenants – These prevent certain actions or uses of the land.
Covenants may relate to:

• Fencing requirements – e.g. no front fences, or certain styles and materials only.
• Building materials – restrictions on what materials can be used for construction.
• Construction timelines – a requirement to build a home within a certain timeframe after purchasing the land.
• Architectural guidelines – maintaining a certain appearance or uniformity in a neighbourhood, such as minimum house sizes or setbacks.

These restrictions are often put in place by developers to maintain a consistent character or standard within a new estate or subdivision.

Legal Effect

Once a covenant is registered on the title:

• It runs with the land, meaning it applies to all future owners—not just the person who agreed to it initially.
• It is legally enforceable, typically by other landowners who benefit from the covenant or by the local council.

Can Covenants Be Removed or Changed?

In some cases, it may be possible to remove or vary a covenant, but this typically requires:
Agreement from all parties who benefit from the covenant via a planning application.

If you're considering buying a property in Victoria, it's essential to check the title for any registered covenants, as they may impact what you can and cannot do with the land.

Consulting a conveyancer or property lawyer is recommended for advice specific to your situation.