The following notes on Restrictive Covenants, Easements, Roads and Adverse Possession were originally based on a presentation to the University of Melbourne’s undergraduate Property Law class. They provide a reasonably comprehensive overview of the law in relation to the construction, modification and removal of restrictive covenants in Victoria. The sections on easements, roads and adverse possession are not as detailed, but nonetheless might be of a good starting point for lay people.

These notes include a detailed analysis of the Planning Amendment (Better Decisions Made Faster) Act 2026 (Vic), legislation that will bring about a significant change in the treatment of restrictive covenants in the Planning and Environment Act 1987 (Vic).