Covenant question

[LoneWolf]

Hey Guys,

Another question relating to covenant

"applies to the land and they will not at any time hereafter excavate carry away or remove or permit to be excavated carries away or removed from any part of the land hereby transferred any earth play stone gravel or soil except for the purpose of laying the foundations of any buildings to be erected thereon or use or allow the said land to be used for the manufacture bricks... "

Does this generally mean that you cannot remove the soil, and therefore you cannot develop this block of land? or, it means that you can remove soil if for the purpose of laying foundation?

This block of land has this Covenant, and just wanted to make sure its all OK for development purposes.

Cheers.

 

[oc1]

Look at the date of the covenant and you will work it out.

 

[LoneWolf]

Look at the date of the covenant and you will work it out.

I don't get it Oscar? Sorry for my ignorance with this matter, so please explain

 

[Propertunity]

Does this generally mean that you cannot remove the soil, and therefore you cannot develop this block of land? or, it means that you can remove soil if for the purpose of laying foundation?

It means that you can't turn your block into a quarry, but you can dig some dirt up and remove it, for the purpose of making a foundation for a building.

 

[LoneWolf]

It means that you can't turn your block into a quarry, but you can dig some dirt up and remove it, for the purpose of making a foundation for a building.

Thanks Prop.

Other than "Single dwelling covenant", any other restricted covenant that I should be looking out for that will directly affect future development plan? So that I can keep an lookout, rather than asking each time on forum

 

[Propertunity]

Thanks Prop.

Other than "Single dwelling covenant", any other restricted covenant that I should be looking out for that will directly affect future development plan? So that I can keep an lookout, rather than asking each time on forum

Good old 88b instruments
Covenants come in all shapes and sizes. Typical ones are:
Size of home (must be over x m2 - ie can't do too small)
Colour of fences (every suburb needs a purple one, but some owners don't like)
Construction type of materials - ie brick only not weatherboard
Construction materials - age - ie new only not second hand bricks
Sharing the cost of fencing (ie developer does not want to share fencing costs but leaves it up to the new owners of each block)
Double / single storey
Dual occ allowed/not allowed
Can't build a garage unless house built at the same time
.....the list goes on and on.

 

[LexCon]

If there is a covenant it will always appear on the certificate of title so that is the first place to check. The one you mention is an old one that is quite common. There are many and they vary considerably so you will need to beware if the title has a covenant registered on it.

 

[LoneWolf]

If there is a covenant it will always appear on the certificate of title so that is the first place to check. The one you mention is an old one that is quite common. There are many and they vary considerably so you will need to beware if the title has a covenant registered on it.

I am actually more concerned about the major ones that can actually stop you from any form of development, eg "Single dwellings"

Thanks for all the info, will look out for it

 

[Aaron_C]

Doesn't sound like a restriction on construction or number of dwellings.

 

[SOP]

Original purpose would have been to restrict the property from being used as a quarry.

Recently I have heard of someone having their application for an underground swimming pool refused based on a similar covenant.

 

[Propertunity]

I am actually more concerned about the major ones that can actually stop you from any form of development, eg "Single dwellings"

You need to look further than just this also, and not write off just for this reason alone. Look in the 88b instrument for the "name of body or authority empowered to release, vary or modify" the restriction, covenant or easement.