Hi,
Has anyone come across Restrictive Covenant clause on the Certificate of Title when subdividing ?
We are building a house behind an existing house at the moment and about to start the strata application process. Our surveyor made us aware of a Restrictive Covenant clause (dated 1959) in our Certificate of Title, which states that we are not permitted to construct more than one residence on the lot. So by subdividing, we are potentially developing the lot in a way that is not permitted under the conditions of the Restrictive Covenant. The implication is that we might encounter problems at Landgate Titles Office when applying for new titles.
We have contacted the Shire, who suggested us to engage a solicitor to see if there is any beneficiaries to the plan. Or alternatively, we can request the Council to write Landgate a letter stating they are aware of the existence of the Covenant clause. However, this does not free us from any legal implications that might arise in the future.
Has anyone come across similar clause when subdividing in WA? What do you do to address the situation ? Does anyone know any solicitor who might be able to advise us on this issue ? Our solicitor doesn't want to deal with any subdivision-related work..
Has anyone come across Restrictive Covenant clause on the Certificate of Title when subdividing ?
We are building a house behind an existing house at the moment and about to start the strata application process. Our surveyor made us aware of a Restrictive Covenant clause (dated 1959) in our Certificate of Title, which states that we are not permitted to construct more than one residence on the lot. So by subdividing, we are potentially developing the lot in a way that is not permitted under the conditions of the Restrictive Covenant. The implication is that we might encounter problems at Landgate Titles Office when applying for new titles.
We have contacted the Shire, who suggested us to engage a solicitor to see if there is any beneficiaries to the plan. Or alternatively, we can request the Council to write Landgate a letter stating they are aware of the existence of the Covenant clause. However, this does not free us from any legal implications that might arise in the future.
Has anyone come across similar clause when subdividing in WA? What do you do to address the situation ? Does anyone know any solicitor who might be able to advise us on this issue ? Our solicitor doesn't want to deal with any subdivision-related work..