03 8522 2808 admin@gmsurveyors.com.au
GET A FREE QUOTE

Category: removal of a restrictive covenant

Understanding The Title Amendment Application in Melbourne

Owning a property of one’s own is a dream for many, and while few fulfil this dream, it is still difficult for many others. For people who get the opportunity to get a property of their own, there is a lot that they need to consider. Among the various things that they need to take care of, the title amendment application is one key area that needs to be addressed. This is something that you need to do in order to get the property in your name or make the changes in the ownership of the property. While there are various complications to the process, it is important that you know when you should go for a Title Amendment Applications in Melbourne.

Why do you need a Title Amendment?

If you are a person who has recently thought of getting a property of your own, it is important that you know the importance that a title amendment has. With every property having a legal status, it is important that you get the property transferred in your name so that you face no issue in the long run. Having a property in your name will allow you to move into the property and use it the way you want. The Title Amendment Applications in Melbourne is a legal process that allows you to make the changes to the status of the land ownership and put your name as the owner.

Why Choose a Professional For Your Title Amendment?

When it comes to filing for a Title Amendment application, there are several key areas that one needs to be aware of. The legal compliance is a significant part of the process, and it is crucial that the application is error-free. While you can undertake the Title Amendment Application process on your own, engaging an expert has its distinct advantages. The reassurance of professional assistance can help you navigate the complexities of the process with confidence. Here are some of the reasons why you should consider professional assistance for your Title Amendment Applications in Melbourne:

●Legal Process:

When it comes to filing for any legal process, it is important that you are aware of all the rules and regulations in place. If you try to form the title amendment application on your own you can risk missing out on key changes in the regulations, this can result in a failed application process. To prevent this from happening, it is important that you get the experts to process the Title Amendment Applications in Melbourne.

●Time Consuming:

While filing for the title amendment application can be an important process, it is also time consuming. To help save time that you can use doing something else, you can get the export to do the Title Amendment Applications in Melbourne. A professional will know all that needs to be done and will get the process completed faster than you could have.

●Avoid Errors:

A professional who files a title amendment application has the knowledge required to do so efficiently. When you have a professional dealing with the application process, you can rest assured that it will be done without any problem. They are well aware of all the necessary rules and regulations and keep themselves updated on the recent changes that can help make the title amendment process easier.
Have you just bought a property of your own and want to go for a Title Amendment Application in Melbourne? If you are struggling to get the application process sorted, it is important that you seek professional assistance. With so much at stake, it is important that you get an expert to do the application process for you. If you are not sure about whom to approach, get in touch with Greater Melbourne Surveyors. Our team of experts will guide you through the process to make sure that your title amendment application process goes as smoothly as possible.

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!