When do I need one?

Easements - when you want to change the way others use your land or the way you use theirs. Put simply, an easement embodies the right to use or cross someone else’s land.

Covenants - when you want to change the restrictions on your land. Perhaps you need to change your building envelope or move your setback a little? Put simply, a covenant protects the land and how it’s used (not the individual).

How do I change an easement or covenant?

You need to complete and lodge a Planning Permit application for Easement or Covenant Creation/Variation/Removal with Land Use Victoria. Most applications are lodged via the state government’s online SPEAR system (Surveying and Planning through Electronic Applications and Referrals).

As registered SPEAR applicants, we can lodge and coordinate your application electronically. The Lodging Party (your lawyer) and Responsible Authority (council) will also use SPEAR to prepare, submit and process your application and supporting documents.

As Licensed Land Surveyors, our team can complete the following steps for you:

  • Preparing a Creation/Removal/Variation of Easement or Covenant Plan
  • Preparing and submitting your application with council for certification (aka Statement of Compliance or SOC)
  • Preparing a Surveyor’s Report
  • Signing and submitting the council certified Plan and Surveyor’s Report on SPEAR for your lawyer to lodge with Land Use Victoria