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Grounds to Remove a Restrictive Covenant and How Certified Surveyors Help

restrictive covenant in Melbourne

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 Although, in some cases, the restrictive covenants benefits, they can also be outdated or can even impose too many restrictions.The good news is you can always avail licensed surveyors for the removal of a restrictive covenant in Melbourne.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Outdated covenants that are no longer in use: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 For example, one can consider a covenant that prohibits the construction of a swimming pool as ‘outdated’ if the property is now located in a suburban area where swimming pools are common.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 MelbourneCall us to ask for a consultation today!

 

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