Specialist Property & Subdivision
Experts in Restrictive Covenants + Subdivisions in Victoria
Whether you are planning a subdivision, selling a portion of land or have an easement or covenant on your property our Property Solicitor is experienced in dealing with a wide range of complex conveyancing matters. We are also experienced in adverse possession matters. We recommend commencing your matter with an advice appointment to better understand your goals and matter challenges so we can quote accordingly.
Subdivisions refer to changing the boundaries of your land, whether you are splitting your property into smaller lots, realigning your existing boundaries or consolidating more than one parcel of land.
What do I need to consider before subdividing my land?
The planning instruments relevant to your land may restrict if and how you can subdivide.
The planning zone and any overlays application to your property may dictate matters such as:
- Whether your land can be subdivided;
- How many lots you can divide your land into;
- The minimum size of each lot in your subdivision; and
- How the subdivided blocks can be used
- Taxation Implications
Restrictive Covenants
Some properties within Victoria are subject to a restrictive covenant, or covenant, which is registered on the Certificate of Title. These covenants may restrict how you use or develop the land and it is important that you are aware of any covenants affecting your property and the restrictions they may impose on you.
What is a Restrictive Covenant?
A restrictive covenant is an agreement which prohibits the owners of a particular property from undertaking certain activities or building works on the property. These covenants need to be for the benefit of surrounding properties, usually in an attempt to preserve the character of a particular neighbourhood.
Historically, covenants were often used as a form of planning control to limit the development and/or zoning of particular areas prior to the current planning schemes.
These days, they are usually used by the original developer of the area to include particular rules or restrictions for all subsequent owners of the property.
Easements
An easement in Victoria is a registered legal right allowing an authority, neighbour, or utility to use a specific portion of your land for a particular purpose, such as drainage, sewerage, or access. It does not transfer ownership but restricts what you can build or plant within that designated area.
Key Types of Easements
- Drainage & Sewerage: Protects underground pipes and allows water or local councils access to maintain, install, or repair essential services.
- Carriageway / Right of Way: Provides access rights, such as a shared driveway for a neighboring property.
- Service: Protects above or below-ground powerlines, gas mains, and telecommunication cables
Section 173 Agreement
This is a contractual agreement between a property owner and council which can contain restrictions or ongoing obligations which must be followed. The agreement is registered on the Title for the property and will continue to affect all subsequent owners. It will usually be required as part of a condition of a planning permit when developing land. It is the relevant council that is responsible for enforcing its terms.
Adverse Possession
An adverse possession claim in Victoria allows a person to legally claim land they do not own if they have had exclusive, continuous, and uninterrupted possession of it without the true owner’s consent for at least 15 years.
Core Legal Requirements
To be successful, a claim in Victoria must satisfy specific conditions:
- 15-Year Timeframe: Continuous possession must meet the 15-year minimum as mandated by the Limitation of Actions Act 1958. If you haven’t lived there for 15 years but bought the property from someone who did, you may be able to chain the prior periods of possession together using a Deed of Assignment of Possessory Rights.
- Actual Possession: The occupation must be open and peaceful, not hidden or forced.
- Exclusive Possession: You must have completely controlled the land (e.g., maintaining gardens, adding/repairing fences, or installing locks). It cannot be a shared or communal space
We Can HELP!
Please contact the knowledgeable Chinka (HEP) Steel Team in order to discuss your individual concerns or requirements for all covenant matters on 5427 2477.
