Covenants!!!!!!

Discussion in 'Legal Issues' started by simbi99, 19th Mar, 2015.

  1. simbi99

    simbi99 Member

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    I currently own a property on a 690smq block which I wish to subdivide ( keep the existing house and place a second dwelling at the rear.)
    However this house has a covenant over it dating back to November 1991. The covenant States that only
    One dwelling shall be built on the land.
    However in recent times things have changed and there are units within this same area that have been developed ( this coincides with the zone grz1)
    I am wondering where I should go from here in terms of removing this covenant?
    Please help
     
  2. wylie

    wylie Member

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    I thought covenants didn't really matter once the whole area was built, but used more to ensure a certain standard is maintained whilst the developer is trying to sell the rest of the estate.

    There are plenty of instances I've seen or heard of where the covenant has been ignored. Maybe that is after all blocks have been sold.
     
  3. simbi99

    simbi99 Member

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    Well that's exactly right they are put into place when the blocks of land are initially cut and subdivided to ensure certain types of houses are built ect
    But they are mundane and outdated now, HOWEVER you still must get them lifted by the council.
    Council however do not own the covenant, the beneficiaries of the covenant are responsible for enforcing it's legality.
     
  4. LexCon

    LexCon Lexus Conveyancing

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    Hi,

    You have two avenues;

    One is go to the Supreme Court and argue that the Covenant is obsolete or apply for a planning permit to build the number of dwellings you want to build and they more than likely the council will reject your application. You can then go to VCAT to argue for the removal of the covenant or have it varied to allow for multiple dwellings.

    I hope this makes sense!:D
     
  5. S.T

    S.T Member

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  6. simbi99

    simbi99 Member

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    I was under the impression that the council cannot simply refuse to lift a covenant if it was dated after the 25th of June 1991.
    When choosing to lift a covenant your application is advertised and if a beneficiary has a very good and genuine reason to object only then will it be dismissed.
    Similar to a subdivision process
     
  7. LexCon

    LexCon Lexus Conveyancing

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    Hi,

    To clarify your situation I would have to see the exact wording on the covenant.
    Can you post it on the forum or email it to me?
     
  8. simbi99

    simbi99 Member

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    Here is the wording

    'The transferees hereby for themselves their heirs executors administrators and transferees the registered proprietor for the time being of the land hereby transferred covenants with urban land authority persuant to the provisions of section 14 of the urban land authority act 1979 that

    (1) there will not be erected on the land hereby transferred any buildings other than one house and usual outbuildings

    Such house will not have less than 75% of all external walls of brick/ brick veneer

    Such house will be for their own occupation

    They shall occupy said the said house for a period of at least five years
     
  9. LexCon

    LexCon Lexus Conveyancing

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    Hi,

    Sorry for the delay in answering.

    My previous post is correct. Suprme Court or Vcat.