Im hoping there are some clever people out there that can tell me a bit more about these things and answer my questions.
Firstly, Id like to know exactly what they are, and who they are held by and who enforces them.
We have one on our house, and we would like to get it removed. It expires end of this year, but need it off about 9mths earlier than expiry. What are our chances of getting it removed? What is the process and how long would it take, roughly?
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
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Covenants..
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