Easements and Restrictive Covenants in Australia

"Easements and Restrictive Covenants in Australia" by Adrian J. Bradbrook and Marcia Ann Neave is a seminal text in the field of property law, particularly focusing on easements and restrictive covenants in Australia. Here is a comprehensive overview of the book:

Key Themes

1. Easements: The book delves into the creation, enforceability, and extinguishment of easements. It covers various aspects, including the types of easements, their formation, and the rights and obligations associated with them.
2. Restrictive Covenants: The text examines the rules governing the creation, enforceability, and modification of restrictive covenants. It discusses how these covenants are used to restrict the use of land and the legal implications of such restrictions.
3. Australian Jurisdiction: The book is specifically tailored for the Australian legal system, covering both traditional and contemporary legislation such as the Property Law Act 1958, Planning and Environment Act 1987, and Subdivision Act 1988. It also addresses the jurisdiction of the Victorian Civil and Administrative Tribunal (VCAT) in matters related to easements and restrictive covenants.

Plot Summary

The book is divided into two parts:

• Part 1: Easements - This section is primarily handled by Adrian Bradbrook, who provides a comprehensive analysis of easements, including their creation, rights, and obligations.
• Part 2: Restrictive Covenants - This section is updated by Susan MacCallum, who builds on the work of Marcia Neave. It covers the creation, enforceability, and modification of restrictive covenants, including their application in Victorian law.

Critical Reception

The book has received widespread acclaim for its thorough research and authoritative analysis. Here are some key points from the critical reception:

• Standard Text: It has been described as the standard Australian text in the area since its first publication in 1980. The third edition, published in 2011, continues to be highly regarded for its breadth of analysis and coverage of parochial decisions.
• Victorian Perspective: The book is particularly useful for practitioners dealing with property law in Victoria, as it covers the Property Law Act 1958 and other relevant Victorian legislation. It also addresses the growing jurisdiction of VCAT in easement and covenant matters.
• Landmark Decisions: The book provides detailed analysis of landmark decisions such as Stanhill v Jackson VSC 169, which aimed to re-write the way restrictive covenants are modified or removed under section 84 of the Property Law Act 1958.
• Citation and Use: The book is widely cited by judges and tribunal members, indicating its respect and utility in the legal community. It is recommended that anyone practicing in this area should have access to this text.

In summary, "Easements and Restrictive Covenants in Australia" by Adrian J. Bradbrook and Marcia Ann Neave is a foundational text in Australian property law, offering comprehensive coverage of easements and restrictive covenants. Its critical reception highlights its authority, thoroughness, and practical utility for legal practitioners.