Authority Update VIC: Alterations to process of creating restrictive covenant's

Restrictive covenants


Land Use Victoria released a consultation paper on 2 December 2016 on proposed changes to creating restrictive covenants in transfers and restrictions in plans.

Following stakeholder feedback, several alterations were made to the proposal. The new requirements will be included in the Registrar’s requirements for paper conveyancing transactions and take effect from 1 July 2018. The transfer of land forms will be amended to reflect the changes.

When the updated version of requirements is available customers will be notified in a future Authority update.

See www.propertyandlandtitles.vic.gov.au/publications for information about the proposal, including stakeholder feedback. 

Enduring powers of attorney – confirming a transaction is not a conflict of interest

The Powers of Attorney Act 2014 (the Act) generally prohibits an attorney under an enduring power of attorney from entering into a transaction on behalf of a principal when a conflict arises between the duty of the attorney to the principal and the interests of the attorney or a relative, business associate or close friend of the attorney – see section 64(1). Section 64(1) does not apply to a gift given under section 67, maintenance under section 68, or acquisition or disposal of jointly owned property.  

To avoid a requisition from Land Use Victoria, an Australian Legal Practitioner should confirm in writing that the instrument does not form part of a conflict transaction under the Act. This confirmation letter should be provided when a dealing is lodged.

Section 60 applications

Since the end of May, Land Use Victoria Legal has completed the evidence examination of 93 adverse possession applications. Many of these were found to not be meeting the requirements for section 60 applications. Customers are advised to review the Guide to evidence supporting an adverse possession claims that clearly sets out what is required, before making an application 

Guides to adverse possession and Guide to evidence supporting an adverse possession claim, can be found at www.propertyandlandtitles.vic.gov.au/forms-guides-and-fees/transfer-of-land.

Answering requisitions, stopped case notices and other correspondence


When responding to a requisition or stopped case notice, correspondence should only be sent to one of the following addresses: 

Registrar of Titles
Land Use Victoria
GPO Box 527
Melbourne 3001

OR

Registrar of Titles
Land Use Victoria
DX 250639 Melbourne 

Correspondence relating to folios of the Register affected by a NARF (Notice of action in respect of a folio) should be sent to one the following addresses:

Warants Officer
Land Use Victoria
GPO Box 527
Melbourne 3001

OR

Warrants Officer
Land Use Victoria
DX 250639 Melbourne

Correspondence can also be delivered in person to Level 1, 2 Lonsdale Street, Melbourne 3000 (note our new address).
Correspondence should not be emailed direct to the Registrar of Titles or anyone else at Land Use Victoria (unless you are specifically requested to do so).

Your correspondence will be delayed if you fail to send it to the appropriate address.

To read the full Land Use Victoria bulletin including information regarding Victorian Water Register grants please visit here.

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.