› Modification under s 84(1)(c) Property Law Act 1958 (Vic)
Real property
› Restrictive covenants
› Substantial injury to beneficiaries
Real property
› Restrictive covenants
› Neighbourhood character assessment
Real property
› Restrictive covenants
› Precedential value of modification
Quick Take
1Where a neighbourhood has already undergone substantial development including multistorey residential and commercial buildings, and the covenants have previously been modified to permit higher-density housing, the residual low-density character that single-dwelling covenants were intended to protect may no longer exist, such that further modification to increase permitted dwelling numbers does not cause substantial injury under s 84(1)(c) of the Property Law Act 1958 (Vic).
2In assessing substantial injury from covenant modification, the precedential effect of the proposed modification is diminished where the covenants have already been modified to permit multi-dwelling development and the surrounding neighbourhood already contains a mix of building types inconsistent with low-density residential character.
