ok just googled it for ya, i dont know if this will help but....
A restrictive covenant is a private agreement between land owners which may restrict the way land may be used and developed. A covenant is not administered or enforced by the government or a municipal council
How can a covenant be removed or varied?
A covenant can be removed or varied:
If authorised by a permit under the Planning and Environment1987
If authorised by a provision of a planning scheme or an amendment to a planning scheme under the Planning and Environment Act 1987
Any person proposing to seek variation or removal of a covenant under any of these procedures should obtain their own expert legal advice about options and procedures appropriate to the particular circumstances of the case, before making any commitments or starting any procedures. Likely costs, which may be substantial, should be taken into account before any action is started.
hmm i dont know if that helps, wats the covenants in regard to and what are u wanting to change? is it an estate covenants for where u live?
If its an estate covenant - apply to the original developer who put it in place.
Or if its something siumple - ask for an exemption from it for what you want to do.
Most of the ones I come across at work are for the colour of paints, house plan, fences, the type of garden - so the asthetics of the village aren't disturbed.
From what we know it was placed by the developers.
Its something to do with commercial and recreational vehicles not to be parked on the property unless appropriately housed or hidden from the street.
We have contacted the developers' lawyers, twice, and the developers direct once, but have heard nothing from them, not even to let us know they got the letters.
DF and I are so confused as to whats going on, and it doesnt help when our agent isnt communicating with us properly. DF wont do anything, which is also frustrating, coz he says he will but then doesnt
See its not US that wants or needs it removed...well we want it to be but only if the people that need it to be removed will end up buying the house.
I keep telling DF to call them himself and talk to them direct, but he seems to be so laid back about it, but then will vent his frustrations about it all to me because the real estate agent isnt doing it his way. MALES. I wish I had more power coz then Id do it myself LOL...and maybe I will any way, might get the ball rolling.
REA will pay for it to be removed.
How long does it take for these things to be removed?
Depends on the developer mate.. some take their sweet ar$e time doing everything.
I've never had anyone try to get rid of one before selling - most people just buy the place and then arrange to remove it themselves.
OR - have you signed a contract yet? You could make it a special condition of the contract that you will apply to have the covenant removed before settlement - on the proviso that THEY pay the costs for it to be done.
We had a covenant on our property to do with the minimum size house that had to be built on the ppty. It didn't expire until later this year, but we sold our house with the covenant on the property. The house was already built and met the covenant requirements. You probably don't even need to bother to have it removed.
The removal of covenant is a document that can be lodged by the purchasers solicitor or bank with the other relevant documents (ie: discharge of mortgage, transfer of land, mortgage etc...)
Reply With Quote
Bookmarks