Would love some advice from anyone that has had experience with restrictive covenants. We are about to apply for CDC approval for a knockdown rebuild but have just been informed that there is a covenant on our property that we were unaware of.
We bought the property in 2008 and the covenant is from 1939 when the land was subdivided. It states that the house must be made of brick or stone. No problems there as we are planning to build with brick. It also states that the roof must be tile or slate, but we were planning on using colorbond.
My question is, would a covenant from 1939 actually be relevant and enforceable? I have read the terms and it states that only the transferors or their successors can change or remove it. There is no expiry date. What madness is this?
Would love to hear from anyone in NSW who has experience with this kind of thing and whether or not we can just ignore it. Or what the next steps would be. I have read things online about going to the Supreme Court and that just seems so extreme.
Anyway, hope to hear from someone with advice soon!