Seeking advice (& recommendation) about single dwelling covenant and property lawyers

Discussion in 'Legal Issues' started by Muscat, 29th Mar, 2021.

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  1. Muscat

    Muscat Well-Known Member

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    22nd Mar, 2021
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    Location:
    Melbourne
    Hello All

    I have a property with single dwelling covenant on it. I bought it on auction terms few years back without realising full impact of the covenant or factoring this restriction in the price I had paid. I would have considered more, however, I also knew I am going to live in the property for long term.

    Since then my financial and personal circumstances have changed, thanks to Covid. To address these, I am considering selling my property.

    If I can get the covenant removed, I am hopeful of getting at least the price I had paid for the property. I am also thinking of may be subdividing the lot into two, and keep one part with the existing house for myself, as this seems like a cost effective manner for my circumstances.

    The covenant applied on three houses (burdened lands), including mine and currently, there are 21 beneficiaries of this covenant.

    My neighbour who had the same covenant, got it removed in 2012 with consent of everyone . He sold the house and the lot was sub divided into two. So the covenant now applies only on two houses. Three of the beneficiaries have also subdivided their lots. This sub divisions sets precedence indicating subdivisions, development in the area, which gives me hope for success with my covenant.

    However, for this to come to fruition, I need a good property lawyer with who have had good success with getting theses covenants removed (or varied).

    Could someone please provide me advice around it and also recommend good property lawyers who deal with these covenants. I am not after big development, and just want to recoup some money, hoping it will be considered by the lawyer when asking for their fees! Anyways this can be discussed later.

    I am also very interested to hear from other members who have had experience of dealing with similar covenant.I am aware of option of going through council's however, I am also aware that a single objection, even without merit (or argument) is likely to see the end my request and VCAT (if I am not wrong) is also likely to uphold the council's decision so If I have one shot at it, I would just go with the court option.

    Thanks in advance
     
  2. Muscat

    Muscat Well-Known Member

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    :(I am hoping someone could offer some advice recommendation.
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    what state is the land located in?
     
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  4. Muscat

    Muscat Well-Known Member

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    VIC -Melbourne
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    Have you spoken with a surveyor? @lixas4 may be able to advise and do all bar the legals.
     
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  6. Muscat

    Muscat Well-Known Member

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    Thanks, I have got a qualified person person do the work on sorting of who all are beneficiaries of the covenant. Could please advise on what do I need the surveyor for.

    Demarkations and area of the land, including other ad joining properties are not in dispute and there is clear information about the original subdivision.
     
  7. lixas4

    lixas4 Well-Known Member

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    Thanks SNM, we do some cov/restriction removals/variations but stay away from single dwelling and other contentious restrictions. For the harder ones, we recommend specialists that focus on these. Robert Easton is someone we recommend, he specialises in covenants.
     
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