Prior Law's Covenant Advisory division combines accredited property law expertise with proprietary spatial research to identify and resolve restrictive covenant constraints across Melbourne's growth zones and activity centres.
The Opportunity in Numbers
Prior Law — Covenant Advisory
Prior Law has been providing expert legal advice for almost 50 years. Our Covenant Advisory division draws on deep property law expertise — including title analysis, adverse possession, covenant removal, development advisory, and conveyancing — to help landowners and developers navigate the intersection of private property rights and Victoria's evolving planning framework.
We are one of the few Victorian practices with LIV Accredited Specialists in Property Law leading a dedicated covenant removal service backed by proprietary spatial research into covenant-encumbered land within designated growth zones.
Dan leads Prior Law's Covenant Advisory practice. An LIV Accredited Specialist in Property Law, his practice spans residential and commercial conveyancing, covenant removal and variation, adverse possession claims, title conversions, prescriptive easements, and development agreements. Dan has a particular fascination with historical aspects of property law — he takes great pleasure in examining old survey reports, parish plans, and field notes to unlock value for clients.
BLaws (Hons) · MLaws · BA (Hons) History · BBus
Lauren practises across Prior Law's property law and conveyancing teams, supporting the Covenant Advisory division with title research, beneficiary identification, and client management throughout the covenant removal process.
[Qualifications to be added]
The Problem
A single dwelling covenant is a private restriction — usually decades old — registered on your property title. It prevents you from building more than one home on your land, even if the council's planning scheme now actively encourages higher-density development in your area.
This means you may not be able to subdivide your block, build a second dwelling, or sell to a developer at a price that reflects the land's true potential — all because of an agreement made generations ago.
Victoria's planning reforms are directing unprecedented housing growth to established suburbs. Properties in growth zones that are free of covenant restrictions are already attracting development interest. Landowners who address their covenant constraint now will be first to market when the new laws commence.
Reform Timeline
Target of 800,000 new homes. 60 activity centres identified for growth.
Housing targets set for every council. 70% of growth directed to established areas.
Major reform to covenant treatment. Councils can grant permits that breach covenants.
New framework takes effect. Landowners who act now will be positioned to benefit.
Legal Services
From initial pre-assessment through to title amendment, Prior Law manages the entire legal process of identifying and resolving restrictive covenant constraints on your property.
A focused initial review to determine whether your property has a covenant question worth pursuing. We examine your title, identify the covenant, and provide preliminary advice on whether removal is feasible and what pathway would apply. This is your low-cost entry point before committing to a full assessment.
$450 (fixed fee)Comprehensive analysis of your title, covenant wording, all benefiting lots, planning context, and development potential. You receive a detailed written report with a clear recommendation on whether removal is feasible, which pathway to take, estimated costs, and the likely value uplift.
From $1,500End-to-end legal management of the removal process — whether through Supreme Court application under s 84 of the Property Law Act, planning permit, or planning scheme amendment. We coordinate surveyors, town planners, beneficiary engagement, and court applications through to title amendment at Land Use Victoria.
Project-quotedOngoing custodianship of your complete property intelligence file — title, covenants, planning controls, development potential — with monitoring alerts when planning reforms, case law, or scheme amendments affect your land. Includes annual title refresh.
$350 / yearWe also provide specialist advice on adverse possession claims, road and laneway discontinuance, lot consolidation, deregistered company property, and general property and conveyancing matters through Prior Law's broader practice.
How It Works
A clear, transparent legal process from pre-assessment to covenant-free title.
$450 fixed fee. We review your title and tell you whether there's a question worth pursuing.
Detailed analysis of covenant, beneficiaries, planning context, and development potential.
We recommend the optimal removal pathway and provide a fixed-fee or capped quote.
We manage the legal process end-to-end. Typical timeframes: 3–6 months uncontested.
Covenant removed. Title updated. Your property is free to develop, subdivide, or sell at full value.
Research & Insights
Our Covenant Advisory practice is underpinned by original spatial research mapping the intersection of restrictive covenants and Victoria's designated housing growth zones — work that no one else has done.
The first spatial analysis of covenant-encumbered land within Victoria's Residential Growth Zones and activity centre catchments. Pilot study across three municipalities.
Register for updates →A practitioner's guide to the new covenant provisions under the Planning Amendment Act 2026 and what they mean for landowners in growth zones.
Register for updates →Detailed analysis of Melbourne's largest single dwelling covenant network — over 3,000 lots — and its interaction with the Preston activity centre growth zone.
Register for updates →Where We Operate
We focus on areas where single dwelling covenants intersect with designated housing growth corridors. Prior Law also serves clients statewide from offices in McKinnon, East Bentleigh, Leongatha, Morwell, and Korumburra.
Reservoir, Preston, Thornbury, Northcote, Coburg
Hawthorn, Camberwell, Kew, Balwyn, Box Hill, Burwood
Malvern, Caulfield, Carnegie, Glen Huntly, Bentleigh, Moorabbin
Ringwood, Mitcham, Nunawading, Blackburn
Pakenham, Officer, Cranbourne, Clyde
Morwell, Leongatha, Korumburra and surrounds
Common Questions
We obtain and review your certificate of title, identify whether a restrictive covenant exists, assess the type and age of the covenant, and provide preliminary advice on whether removal is feasible and worth pursuing. If it is, we outline the next steps and estimated costs. If it's not, we tell you — and you've only invested $450 to find out.
Yes. Under current law, a council cannot grant a planning permit that would breach a registered restrictive covenant. The covenant operates independently of the planning scheme and must be dealt with separately before you can develop. This is one of the most significant and least understood barriers to housing supply in Melbourne.
No. The Better Decisions Made Faster Act 2026, commencing in late 2027, will change how covenants interact with the planning system — but the covenant itself remains on your title until it is formally removed through a legal process. Landowners who act now will be positioned to take advantage of the new framework from day one.
It varies by pathway. A consent-based removal where all beneficiaries agree can cost as little as $3,000–$5,000. An uncontested Supreme Court application typically costs $25,000–$45,000 all-inclusive. Contested matters can cost more. We provide a detailed estimate before you commit.
Consent-based removal can be completed in a few weeks. An uncontested Supreme Court application typically takes 3–6 months. Contested matters or planning scheme amendments can take 12–18 months. We'll give you a realistic timeframe at the assessment stage.
We combine LIV Accredited Specialist expertise in property law with proprietary spatial research that maps covenant-encumbered land against Victoria's designated growth zones. This means we can identify opportunities other practitioners miss, advise on the intersection of property law and planning reform, and manage the entire process in-house — from title analysis through to Supreme Court application and title amendment.
Get Started
For $450, we'll review your title, identify your covenant, and tell you whether there's a question worth pursuing. You will be taken to a secure payment page on the next step.