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  #1  
Old 23-01-2014, 05:11 PM
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Default Subdividing land with covenants....

Hi guys, I'm purchasing a property atm and have discovered that there is a covenant on the title. The covenant is from the original sale of the land from the developer.(1973) This property that I am buying will potentially be subdivide-able in the future. The covenant has a few things like, the house has to be built from bricks and tiles, no excavation of land and soil unless an approved house is being built.
There are no points in the covenant about subdividing the land or how many dwellings are allowed on the land.

my question is: Just by having this covenant on the title, restrict me from further development of the property?

Is there anyone on here that has dealt with this sort of thing?

Last edited by levans; 23-01-2014 at 05:29 PM.
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Old 23-01-2014, 05:43 PM
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If concerned about the covenant you should probably consult the arbiter
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Old 23-01-2014, 05:48 PM
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Most covenants are only in effect for a specific period. For instance, the covenant on my land becomes null and void after 10 years from when my build was completed.
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Old 23-01-2014, 05:53 PM
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Quote:
Originally Posted by levans View Post
There are no points in the covenant about subdividing the land or how many dwellings are allowed on the land.
There is your answer.
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Old 23-01-2014, 05:56 PM
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Building covenants/deed clauses same/same?
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Old 23-01-2014, 09:52 PM
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It really will depend on the wording so would need to see docs. There is also council zoning to consider. Best bet is to ask your settlement agent as they have everything in front of them. If you have no joy id be happy to help. I'm a settlement agent myself


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Old 23-01-2014, 10:37 PM
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Would prefer to see but at this stage agree with Blues.

May have to consider putting equivalent building covenants on sub divided blocks again dependent on wording.
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Old 28-01-2014, 03:08 PM
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Settlement agent would just ask a surveyor.

Sounds like the covenant just needs to be modified. Its easy, what local government is it?

Pm me if you meed help
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