Browse Forums General Discussion 1 Feb 07, 2011 11:26 am Hi All, Our build is about to progress and We're hoping the demo guy will have the permits this week, but we've hit a small snag. There are covenants on our title (like most have) but where most only run for x years, our are listed as "shall forever run at law" This is a problem as the conditions are there an exclusion envelope of 4.5 mt at front of block (not a prob) and 1 or 2 mt at northern side. The reason I say 1 OR 2 is that is refers to the attached siting policy, but its such a poor copy that you can't read it, even then our design is to build on the boundary. The vehicle crossing was put on the northern corner because we're at the end of a T intersection so I don't think it would help to flip the front of house either. It would mean that our driveway would be one crossing of the intersection. Does anybody have experience with dealing with these types of covenants? A council rep did say that if they had to be removed from the title we would have to pay for a mailout for our whole estate and that if one land owner disagrees/objects that they would have to deny the request. Even if they object because they don't understand what is being asked and just say no. From there the only avenue if the Supreme Court ( i though VCAT was in there somewhere, but She said supreme court) Any info will be appreciated. We're in Maroondah City Council Victoria. Thanks Re: Covennants on your land title? 3Feb 07, 2011 1:25 pm Hi chrisand kate, The process you were advised is the same for everyone. I've recently been through it. The covenant on our land was that we could not build on more than 45% of the lot. The process is that you put in a planning permit to change the covenant and pay the fee, about $200 from my recollection. They then have to mail out to everyone that may be affected or who also has the same restriction on their title. In one way or another, all the estate are considered "beneficiaries" of the covenant. That means that they either all have it or benefit from it in some way. From your neighbours viewpoint, they know you can't buld right up to the boundary so they may buy their house knowing they will never have a garage up against their garden (just for example). As you're trying to change it, they need to determine if there will be any "detriment" to the rest of the people holding that same covenant or are in visual range of the property (yes, visual range). That can be people all over the estate. I know this because originally our application was mailed to neighbours on either side, across the road and behind us. They then realised that it applied to the whole of our estate and mailed it out again to everyone. That was 2 x 28 days we had to wait for that to be completed. Now if anyone does object (inside that 28 day period), they have to put that in writing and advise why they object. Objecting just for the sake of it is not accepted by the councils these days. It's called a "vexatious" objection. They would have to show why the "amenity" of their own property (the value and aesthetics, usually) would be harmed by lifting the covenant. The town planners then sit down and have a discussion about it. if they feel that this really doesn't affect anything and normal building codes like Rescode would approve this if it were a new lot, then they approve it. If there have been any objections, then they look at that application as well and see if there is any merit. More than 90% of planning applications are approved. Just make sure you put in as much detail as possible and show other precedents in the area to show that other lots have done the same kind of construction without any detriment to the area. Sorry to be so long winded. I hope that helps. SK Build thread: viewtopic.php?f=31&t=34120 Handover 23 Dec 11 Squatting 21 Dec 11 Fixed 12 Oct 11 Plastered 31 Aug 2011 Framed 7 June 2011 Site Start 7 Feb 2011 Land Titled 18 Jan 2010 Land Deposit 25 Jun 2009 Re: Covennants on your land title? 4Feb 07, 2011 2:57 pm Thanks Eskay, More info: My northern boundary neighbor (whom would be the only one directly effected) has already agreed to let us build on the boundary. He was consulted before and during the design as we didn't want to get knocked back later or pay for changes to the plans(LOL) As far as the covenant goes, I believe that all of the properties in my estate have the same covenants over their titles, thats the reason for everyone needing to be notified. This estate was first built in 1992 and the last building went up in 1996(or there about) Current regulations allow for building on boundaries and would have negated the need for the change to the covenant if it weren't written as "forever run at law" My builder is currently looking at what may have to happen in regards to the boundary issues, but I'm worried that someone will object and then we'll have to take it further. My builder said he has never seen a covenant that doesn't end and he's been building for 30yr+. No one else he asked has seen it either. I can handle living with my out laws for 1yr (max 18months) but I fear this may stretch it out even more. Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Like ⋅ Add a comment ⋅ Pin to Ideaboard ⋅ Flamingo Give me a call and I will do my best to talk you through it. For those who would like an answer, Subject to seeing your actual DA condition, I think you are… 1 4561 Yeah I don't know why I came to a forum. 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