Property

In 2009 the Commission was asked to review Victoria’s property laws. The review was divided into two projects:

  • a review of the Property Law Act 
  • a review of easements and covenants. 

Review of the Property Law Act 1958

Associate Professor Pamela O'Connor from Monash University was appointed a part-time Commissioner and conducted the project.

The Commission published a consultation paper in April 2010 and received 19 submissions. 

The Commission consulted with legal practitioners, judges, academics,

surveyors, government officials, VCAT members and other key stakeholders involved

with property law in Victoria. The Commission was assisted by a consultative committee of property law academics and practitioners, including Land Victoria and the Department of Planning and Community Development, and senior judges. 

The Commission’s final report was tabled in Parliament on 29 October 2010. The Commission made 58 recommendations calling for a comprehensive overhaul of the law, for the first time in 82 years. 

Easements and covenants

This review was the second stage of the Commission’s review of Victoria’s property laws. Associate Professor Pamela O'Connor from Monash University led this review. 

An easement is a right to make use of someone’s land without occupying it. A restrictive covenant limits what can be done on or with the land if the land is sold or transferred.

A consultation paper was published in July 2010 and 35 written submissions were received. 

The Commission's final report on the laws of easements and covenants was tabled in Parliament on 3 May 2011. The report contains 48 recommendations that aim to simplify and clarify the law, reduce costs, improve access to justice and make it easier for landowners to know their rights and obligations. 

Follow the links below to the final report, terms of reference, consultation paper and received submissions.

Timeline

Current: Table in parliament

Full timeline:

Reference
Consultation
Submissions
Final report
Tabled in parliament
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Project Publications

Easements and Covenants: Final Report

The Commission's Easements and Covenants: Final Report was tabled in Parliament on 3 May 2011. PDFs of the full report and individual chapters can be...

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Property Law Act 1958: Final Report

The Commission's Review of the Property Law Act 1958: Final Report was tabled on 29 October 2010. PDFs of the full report and individual chapters can...

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Easements and Covenants: Recommendations

Chapter 2: Purpose and characteristics of easements Private easements in gross No change should be made to the current rule that easements cannot...

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Property Law Act 1958: Recommendations

Chapter 2—A new Property Law Act 1. The Property Law Act 1958 should be repealed and replaced with a new Act which retains the title‘Property Law Act...

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Easements and Covenants: Received Submissions

The Commission has received a number of submissions in response to the Easements and Covenants: Consultation Paper. All public submissions are placed...

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Review of the Property Law Act 1958: Received Submissions

The Commission has received a number of submissions in response to the Review of the Property Law Act 1958: Consultation Paper. All public...

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Easements and Covenants: Consultation Paper

This consultation paper was released in July 2010. The paper reviews the law of easements and covenants in Victoria. It asks a series of questions,...

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Property Law Act 1958: Consultation Paper

This consultation paper was released in April 2010. The paper reviews the Property Law Act 1958. It asks a series of questions, puts forward some...

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Property: Terms of Reference

1)  The Victorian Law Reform Commission is to review and report on the desirability of changes to Victoria’s property laws in relation to -a...

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