Vrakas v Mills

In the case of Vrakas v Mills, the dispute involved a restrictive covenant placed on land. The defendant, Mills, sought a declaration that the restrictive covenant was no longer enforceable as it had not been properly notified to the plaintiff, Vrakas, who owned a neighbouring property. The case was heard by the Supreme Court of Victoria. The legal issue before the court was whether there was sufficient notification of the restrictive covenant to the plaintiff as required under the Property Law Act 1958 (Vic) s. 79A. The court considered whether the covenant was sufficiently annexed to the land and whether there was evidence of a building scheme that affected the lands in question.

The court examined the relevant provisions of the Property Law Act 1958 (Vic) and found that the covenant was intended to benefit the lands of the defendant and the lands of others in the same subdivision. The court held that the covenant was sufficiently annexed to the land and that there was evidence of a building scheme that affected the lands in question. The court found that the defendant had not provided sufficient notification of the covenant to the plaintiff, as required by the Act. As a result, the court held that the covenant was unenforceable against the plaintiff.

The court made a declaration that the restrictive covenant was unenforceable against the plaintiff. The court found that the defendant had not taken reasonable steps to notify the plaintiff of the covenant, and that the covenant was therefore unenforceable. The court also found that the covenant was not sufficiently annexed to the land and that there was no evidence of a building scheme that affected the lands in question. As a result, the court held that the covenant was unenforceable against the plaintiff.