I have a covenant on my land title that prohibits me

Good Afternoon

If you wish to get a copy of the title is it going to cost you a fee.

You can purchase it form here.

https://www.landata.vic.gov.au/

If the covenant is only registered on your title then only you need ot consent.

If it is on the whole of the plan that your land is part of then all the owners of land that are in the same subdivision plan have to consent to the changes and if there are banks on title they also have to consent.

Section 88(1AC) of the Transfer of Land Act allows this to be done if there is consent. If there is not consent by all parties that are affected then you will have to go to court and have the court decide if it should be amended.

You also need the consent of the council.

So you have to have a Solicitor or better still surveyor amend it and any other documents that refer to it attached to the plan and then get the consent of all the paries and council before it can be registered and then become the new rule.

Here is a link about amending them.

Here is some information and then the link it came from which details all areas.

Removing or modifying a covenant by consent

A restrictive covenant can be removed or modified by consent. Section 88(1AC) of the Transfer of Land Act 1958 provides:

A recording on a folio of a restrictive covenant that was created or authorised in any way other than by—

(a) a plan of subdivision or consolidation; or
(b) a planning scheme or permit under the Planning and Environment Act 1987—
may be deleted or amended by the Registrar if the restrictive covenant is released or varied by—
…
(d) the agreement of all of the registered proprietors of all land affected by the covenant; …

If the proposed modification or removal is not controversial and/or the number of beneficiaries is not large, this may be the most efficient means of proceeding.

https://restrictive-covenants-victoria.com/2013/06/03/how-to-remove-or-modify-a-restrictive-covenant-in-victoria/

Here is a link from Viclands as well

https://www.planning.vic.gov.au/legislation-regulations-and-fees/restrictive-covenants

In relation to the neighbour if they have breached the covenant then council can issue and order to demolish the fence.

It is not a simple process and you will need a solicitor to look at the covenant and the plan to advise you haw many are involved and what has to be done.

I hope this has assisted you with your question today.

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Regards

Leon