All Topics / Help Needed! / Advice on potential develpment on a single covenant – Monash Council, VIC

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  • Profile photo of mccozmccoz
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    @mccoz
    Join Date: 2005
    Post Count: 67

    Can anyone help me with my research?

    I am researching a block of land in the Monash Council, VIC.
    The area is over 2000sqm of land, on it sits a house over 60 years old, and in theory the block is ripe for development. However, the site is governed by a single covenant, in plance since approx. 1960.

    Further research has revealed the following:
     – next door has a 6 unit development on it. All subdivided lots have the same covenant. The development occured in 2000 when the processes surrounding development on such sites was not really "policed." So, at that time, no beneficiaries of the covenant were even contacted at that time, for their consent. No precedent for me to feel any comfort that my request will be successful.
    – Two parent titles reveal an area of land which, according to land.vic.gov.au, is currently split into 16 lots. So, from my understand, the process to build on this block would involve the consent of 16 beneficiaries. Out of 16 lots, 12 were a result of subdivisions  that occured atleast over 7 years ago.

    I was wondering if anyone out there has recently been through the process of working through such issues, successful, or not.  Traps to look out for, advice on getting the beneficiaries on board/consultants contacts who have experience in driving this process / any other issues I need to consider, as I assess the risk associated with this block of land.

    I would appreciate any comments,

    Thanks

    mccoz

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