Why don't you ring the NSW titles office and make some enquiries?
Thanks Buzz, and thanks to everyone else who has replied.
Answer to Buzz, because I thought if it was that simple then my conveyancer would have suggested that I do that, or she would have done it herself. And she wouldn't have told me that it would take the vendor's solicitor several days to do it.
But taking your advice, yes it was a simple thing to get at the covenant. Took a while to find my way around the webpage and if anyone else needs to do it then:
http://www.lands.nsw.gov.au/
Go to Online Shop (
https://lpi-online.lpi.nsw.gov.au/cgi-bin/lpis/menu.pl ) then look for 'Dealing Image' in left hand pane. You would then agree to conditions and then do your search using covenant number and lot & plan number i think it was.
Well, as soon as I saw that it was something from 1958 I thought that it shouldn't be too much of a problem, but I've typed out what I believe to be the relevant bits so I'd be interested in how someone with more experience than me sees it:
Annexure A
AND the transferce for herself her executors and assign and so as to bind the land transferred in the hands of the owners and occupiers of the same for the time being COVENANTS with the Transferor its successors and assigns that the transferee will not erect or permit to be erected on the lot hereby transferred any building unless and until the plans and specifications for the design for such building shall have been approved in writing by the Transferor or its successors and assigns and that only one main building shall be erected on the said lot hereby transferred and same shall be used for residential purposes only and the Transferee also covenants with the Transferor but only during the ownership threof by the Transferor its successors and assigns other than purchasers on sale that no fence shall be erected on the land hereby transferred to divide it from such adjoining land without the consent of the Transferor its successors or assigns but such consent shall not be witheld if such fence is erected without expense to the Transferor itsg successors or assigns other than purchasers on sale and in favour of any person dealing with the Transferee such consent shall be deemed to have been given in respect of every such fence for the time being erected “AND for the purposes of Section 88 of the Conveyancing Act 1919-1932. IT IS HEREBY FURTHER AGREED AND DECLARED THAT
a) The land to which the benefit of the above covenants is intended to be appurtenant is the whole of the land comprised in Deposited Plan Number 2XXXX other than the land hereby transferred.
b) The land which is to be subject to the burden of the above covenant is the land described herein.
c) The above covenants or any of them may be released varied or modified with the consent of the Transferor its successors and assigns.
Signed at Sydney 15th May 1958
Annexure B
EXCEPTING AND RESERVING thereout all mines, veins and seams of coal and ironstone and all other mines minerals and metals lying within or under the said land hereby transferred together with full and free liberty and power for the said Housing Construction Company Limited its successors and assigns and its Lessees agents and workmen and all other persons by its authority or permission now or hereafter given at any time and from time to time but only by underground dig raise make merchantable carry away and dispose of the said coal ironstone and maintain and use all such pits shafts levels drains watercourses reservoirs ways part thereof as may be necessary or convenient for all or any of the purposes aforesaid making from time to time nevertheless to the said transferce his executors compensation for all damage thereby done or occasioned to the said lands or any erection buiding engine machinery or thing now being or hereinafter to be therein or thereon.
Thanks again