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 Although, in some cases, the restrictive covenants benefits, they can also be outdated or can even impose too many restrictions.The good news is you can always avail licensed surveyors for the removal of a restrictive covenant in Melbourne.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Outdated covenants that are no longer in use: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 For example, one can consider a covenant that prohibits the construction of a swimming pool as ‘outdated’ if the property is now located in a suburban area where swimming pools are common.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


All You Need To Know About Restrictive Covenant And How Legal Services Help

Restrictive covenant is not just a term but an entire concept that an individual must understand. If you detect a covenant registered on the Title while you are looking forward to a new property or planning to develop an existing one it would have an impact on your property. So, let us understand moire about a restrictive covenant in Melbourne and understand how licensed surveyors can help.

Concept of Restrictive Covenant

A restrictive covenant in Melbourne or elsewhere is a legal contract that puts limitations on the use of a single parcel of land. It is an agreement between parties and puts limitations on the use of a single parcel of land for the benefit of the other. The contract is thus formed in a way that puts restrictions on the use of a particular property. Once the party enters into the contract, the agreement is registered on the Title and is not removed once you purchase a property. If you have a property with such an agreement, it must be disclosed while you are selling it.

General Restrictions included in a restrictive covenant

Restrictive covenants impose several conditions, and here is a list that includes some of them:

  •    This agreement prevents subdivision of land. So, you cannot develop more than one property on the parcel of land.
  • This agreement would put limitations on the choice of materials that can be used to build the walls of the building in the property.
  • This agreement only allows the construction of a single-storey dwelling on the parcel of land.
  • This agreement defines the acceptable fence height.

 What is Removal of Restrictive Covenant

Licensed professionals can conduct a legal process known as the removal of a restrictive covenant. It eliminates the limitations and restrictions imposed on a property by the covenant. When legally binding agreements become a significant obstacle during development, renovation, or changes in land use, these professional services can help in the removal of restrictive covenants.

Experienced licensed surveyors can assist property owners and developers in navigating through the complexities of these legal constraints. So, whenever you are looking to modify your property or undertake a new development, licensed surveyors can facilitate the smooth and successful removal of restrictive covenants in Melbourne.

How Can Removal of Restrictive Covenant in Melbourne Help?

Restrictive covenants put restrictions on a range of activities like building height, land subdivision, single dwelling and more. The removal of restrictive covenants can help property owners to use their investments to the fullest. When property owners wish to develop their land, the removal of restrictive covenants opens up possibilities to utilise their land more. Property owners enjoy the freedom to modify and improve their space, which can increase the value of their property. With the removal of a restrictive covenant in Melbourne, property owners can take up the development or renovation process more efficiently. Finally, when the potential of land is unlocked, it also helps in financial growth.

Removal of restrictive covenant in Melbourne is however a tricky and legal process. It requires the involvement of licensed professionals and hence it is best to be given to professional who are well versed with the intricacies and can successfully navigate through the process.

Bottom Line

Greater Melbourne Surveyors can provide professional assistance with the removal of a restrictive covenant in Melbourne. We have our network of legal professionals to assist you through the entire process. Get in touch with our experts for the removal of restrictive covenant in Melbourne and make the most of your property’s investment today!