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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?
who placed it hun?
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 :rolleyes:
I'd stop buggering around with an agent - solicitors usually ignore them (sad but true)
get a solicitor to write a letter with your requests, shouldn't be too expensive.
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...)
This is true - and its usually a General Request - but needs to be signed by the Developer :):
(Keep in mind I am quoting Qld law of course - everything I have said is relevant up here - but states don't differ that much)
**asked and answered**
We dont have to have it removed, but people that are interested in buying our house wont buy it unless it is removed. It means oh so much to them.:
I wonder though, what would a bank, mortgage etc have to do with a covenant?
Banks don't have anything to do with them, I think the PP was mentioning they are lodged at the same office - which they are - department of natural resources here.
eta - and I think its the land titles office in vic - been a few years since I studied conveyancing down there!
Sorry - my post was probably a bit confusing, thanks Arimeh for clarifying and yes, it is the LTO in Vic where everything is lodged.
What a pain in the behind the purchasers are....! The thing is, it's not like the covenant is just specific to your house - I would assume it is for all houses in the estate??? Do they have vehicles that they want to park on the front lawn or something??? Weird!
I hope you get it sorted out soon.
When I was working for the Commonwealth Bank in Mortgage Services, all covenants had to be on the title documents. It just provides the bank with the info they need if the person who applied the covenant fights for it if the owners don't follow it. And considering the bank has to take all mortgages to be transferred to the LTO so they can hold the title, they need to have all of the accurate details for the title before the LTO will hand it over.
I can understand that if the buyers have kids who are driving or if one or both partners needs to bring a work car home on a regular basis and there is not easy access to put the cars in the back yard then they would need to be able to park out the front.
DB - I hope it can be sorted out quickly for you hun, I know you are hanging to move!!