Hi:
I have a block of land in outer suburbs of Melbourne with a covenant of ‘Single Dwelling’. According to the council, we need to apply separately to get this covenant waived and they would then decide it on case to case basis.
I would like to know how easy or difficult it is to get this covenant removed and if its at all possible. Anybody having experience with this???
Cheers,
-D-I don’t qite understand where council comes into this ?
Who created the covenant ? If council made it a condition of approval for the original subdivision then you do need council’s consent to have it removed.
If whomever has the benefit of the covenant object o your request to remove it you can apply to the court about having it removed.
If it was lodged many years ago and as living conditions have drastically changed from then I would say you have every chance in the world of being successful in having it deleted.
However, I suggest consulting a solicitor if the party who originally created the covenant doesn’t see it your way.
Pisces133
Thanks for your reply.
The covenant was created by the Developer and was put on all the blocks of the land in the estate which was released last year.
I would need to consult the council in order to get the planning permit.
I guess i just want to know if i have a reasonable chance of getting this covenant removed.
Cheers.
Most likely all the owners of the properties involved in the subdivision are the beneficiaries of the covenant.
It means that you would require everyone’s consent (most unlikely to obtain if there are so many people involved).
Pisces133
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