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Category: removal of a restrictive covenant in Melbourne

Impact of Getting Services for Restrictive Covenant In Melbourne

Having a house of one’s own has become the need of the hour, with more and more people getting a house for them-self. There are several steps that one has to go through before they are able to get the property. If you are someone who is looking to buy a new property or make modifications to the old one. Make sure that you have all the clearance to go ahead with the construction or renovation. Restrictive Covenant In Melbourne is one such key area that requires you to have a clear understanding of. It is thus important that you know the importance of Covenants and how it can impact your property.

Understanding Restrictive Covenant In Melbourne

A restrictive covenant is a legal agreement between the two parties dealing with buying the land. It is an agreement between the two parties restricting the usage of the land in a particular manner. This agreement does not get dissolved on buying or selling the property. It is something that gets transferred with the ownership title. It can only be removed after filing for it with the concerned authorities. During the sale of the property, it is mandatory to disclose if any Restrictive Covenant In Melbourne exists on the property. The key aspects included in the covenants are the number of houses that can be built, the height of the buildings, and the usage of the land for a particular reason.

Key Restrictions of a Covenants

A Restrictive Covenant In Melbourne plays an important role in limiting the ways in which a land can be used. This covenant is something that transfers with the ownership titles. While it can be removed through proper filing, it does not expire over time. Some of the major restrictions are:

  • Because of the restriction, you are not allowed to build more than a particular number of properties. This helps prevent the subdivision of the land in the long run.
  • It is also important to restrict the materials used in building the property. This restricts the use of certain materials in the building process.
  • There will be certain properties with restrictions on building properties with more than one storey, keeping the types of land in mind.
  • A restrictive covenant on the property also prevents the building of fences of a certain height around the property.

Impact of Restrictive Covenants

When it comes to making plans on your property, it is important to know about the covenants. This will help you know how the restrictive covenants can impact your plans. It is not necessary that the covenants will hinder your plans. If you intend to use the land in a particular way and it falls in line with the limitation of the covenant, you do not have to worry. But on the other hand, if you have plans for multi-storey buildings or other plans, a restrictive covenant can be a major obstruction. It is thus important to understand all that is there to know before buying a land. Though there are ways to remove the Restrictive Covenant In Melbourne, it becomes a lengthy process to get them removed.

Are you looking to buy a property or make new renovations? Not sure if you have a restrictive covenant? Get help from the professional Restrictive Covenant In Melbourne to sort out your problems. With expert guidance, you will be able to make the necessary changes. If you are still not sure about the restrictive covenants, get in touch with the experts at Greater Melbourne Surveyors. With a team of highly knowledgeable experts, you will be able to make your future plans and use the property just the way you want to. They will also make the necessary changes to meet your requirements.

Grounds to Remove a Restrictive Covenant and How Certified Surveyors Help

Restrictive covenants are a sort of legal agreement that puts less or too much restrictions on the use of a particular piece of land. These agreements regulates a variety of activities, such as the type of buildings that one can build on a property, the number of people who can live in a house, or the use of outdoor space. Although, in some cases, the restrictive covenants benefits, they can also be outdated or can even impose too many restrictions.The good news is you can always avail licensed surveyors for the removal of a restrictive covenant in Melbourne.

On What Grounds Can You Ask For The Removal Of a Restrictive Covenant

There are a number of grounds for removing a restrictive covenant and here is a list of some of them

Outdated covenants that are no longer in use:

Restrictive covenants are often created many years ago. So, one cannot find its relevance to the current use of the land. For example, one can consider a covenant that prohibits the construction of a swimming pool as ‘outdated’ if the property is now located in a suburban area where swimming pools are common.

The covenant is too restrictive:

Some restrictive covenants have so many restrictions that they make it difficult for the people to use the land for any purpose. For example, if a covenant restricts the use of outdoor space for anything other than gardening, it may get difficult to get the complete access to a particular property.

The covenant creates a discrimination in the society:

There are also some restrictive covenants that discriminate on the basis of race, religion, or other protected characteristic. These covenants are are illegal and should be removed.

The covenant is unenforceable: 

If the concerned authorities could not create restrictive covenants with proper records, it is unenforceable, and one can remove these covenants.

How Certified Surveyors Can Help

By certified surveyors, we mean licensed professionals who can help to remove a restrictive covenant conveniently. They can:

  • Conduct a title search to reveal whether there are any restrictive covenants on the property.
  • Prepare a survey to show the location of the property and any related improvements.
  • Prepare a legal description of the property that one can use in legal documents.
  • File a petition with the court, which is a legal document that asks the court to remove a restrictive covenant.

What is The Process of Removing a Restrictive Covenant

If you are planning for the removal of a restrictive covenant in Melbourne, you must understand that the process of removing a covenant undergoes a lot of legal processes. So it is important to work with an experienced attorney and certified surveyor. It ensures accurate process.In the first step of the process one has to file a petition with the court and state the grounds for removing the covenant and produce supporting evidence. The court will then hold a hearing to consider the petition. At the hearing, the petitioner will present evidence to support their case. Now, the person or entity who is enforcing the covenant will be able to present evidence to oppose the petition.

Finally, the court will issue a concrete decision. The court may grant or deny the petition. In case the court grants the petition, the officials will remove the covenant.

End Note

If you believe that a restrictive covenant is no longer necessary or is preventing you from using your property, get in touch with Greater Melbourne Surveyors for a systematic approach to the removal of a restrictive covenant in Melbourne. Call us to ask for a consultation today!