Restrictions on use of land

There is no material difference between a covenant and a restriction on the use of land.  The terminology usually depends on the manner of creation.

A restriction on the use of land may be:

Such an Order must identify the land affected by the restriction, specify the terms of the restriction, and specify the prescribed authority imposing the restriction.

  • created by the Association of a Community Title scheme pursuant to a unanimous resolution.  The restriction on the use of land must burden lot 1 in a Community Title scheme, or all of the land in the scheme.
  • created by the Owners Corporation of a Strata scheme, pursuant to a unanimous resolution.  The restriction on the use of land must burden the common property of a Strata scheme, or all of the land in the scheme.  For a Strata scheme, see s26(1) Strata Schemes (Freehold Development) Act 1973.

A plan fee is not payable for an annexed plan relating solely to the restriction on the use of land.

A restriction on the use of land noted on the Register has no effect on the registration of dealings.  It does not have to be noted in the Encumbrances nor is the consent of the benefiting party required.

For:

For a restriction on the use of land:

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [494.300].