Title

Wither covenants in Queensland in the name of sustainability?

Date of this Version

2011

Document Type

Book Chapter

Publication Details

Citation only

Weir, M. (2011). Wither covenants in Queensland in the name of sustainability? In P. Carruthers, S. Mascher & N. Skead (Eds.), Property and Sustainability: Selected Essays (pp 145-158). Pyrmont, NSW: Thomson Reuters (Professional) Australia Limited.

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2011 HERDC submission. FoR code: 180124

© Copyright Thomson Reuters (Professional) Australia Limited, 2011

ISBN

978-0-455-22951-5

Abstract

The law relevant to covenants has been described as a "blundering conceptualist jungle full of semantic swamps" which this chapter will attempt as far as possible to avoid. Covenants have always occupied an uncomfortable space in Australia based upon the limited ability to register these interests under the relevant Torrens title statutes. Covenants have been accommodated in many jurisdictions by permitting the notification of covenants. This situation has most likely resulted from the fact that the Torrens system was first developed at a time when the concept of covenants began to take shape after the impetus provided by Tulk v Moxhay in 1848. This has resulted in varied responses from different jurisdictions but generally these provisions have not adequately dealt with the difficulties that arise in the application of covenants under the Torrens system. These problems have in Queensland recently been made worse by the intrusion of concepts relevant to sustainable housing in relation to covenants which has not only cast further doubt on the already doubtful role of covenants in Queensland but has raised the level of complexity applying to these interests.

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This document has been peer reviewed.