Hi all,
Thanks in advance for your great advice, once again. We’ve recently found an interesting property in Frankston, which is on a 1300m2 block with an older house at the front and a single dwelling only covenant in place. The current owner supposedly got this covenant lifted 9 years ago but forgot about it and let that laps 4 years ago, and tried to reapply again (4 years ago) but the neighbor objected and so the covenant is still in place. From what we know, the neighbor has said if there was an application to lift to covenant again he would not object because he would like to do the same thing (now). We would obviously investigate this further, but…
I was wondering what type of red flags covenants mean for all the developers out there, or do you see it as a way to get a bargain on a large block of land if the covenant is one that could easily be lifted?
Cheers,
JenDHi JenD,
Be careful, if a beneficiary of the covenant objects to its removal, these is basically nothing you can do. Maybe make an offer contingent on the covenant being removed and then see if the neighbour will allow you to.
Regards
AlistairWe Have a property with a single dwelling, single storey covenant on it that we are in the process of trying to get removed. A very slow process by the way.
The only thing is that the next door neighbour who has the same covenant on their property, has built a 2nd storey extension. Should this give us any additional bargaining power if it has already been done?
Regards,
PeteJenD
You may need more tha your neighbours consent. If other adjoining properties have teh same covenenant ( and that ususually is the case) you will need everyone’s consent.Its a slow tedious process – MOVE ON TO THE NEXT SITE.
Michael Yardney
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FREE subscription http://www.metropole.com.auI agree with Michael yardnet, forget this property, it will only take one benificiary to object and the application will be thrown out the window. Several years ago people did not throw there hands in the air at development like they do now, also people got around this as the planning and environment act did not recognize covenants for example in multi-unit development applications, and after three years after completing the development they were lawfully able to subdivide. Know councils must consider covenents in TP applications.
In regards to the 2 storey issue for pete and jackie if your neighbors property is in vic and didnt require a town planning permit, just a building permit then the building Act does not recognize covenants, a building surveyor can not force you to comply with a covenant providing you comply with the building regulations and do not require a town planning permit. The only recourse in the case of some one breaching a covenant such as building a 2 storey when it stipulates single would be for the other beneficiaries to take them to the supreme court. Council would not get involved.
Thanks for that Building Surveyor.
The property is in Tassie. I’m not sure if the rules are the same.
Pete
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