How do I discover what covenants are placed on a section/block for sale? An email to the agent via the website listing has gone unanswered and an email to the local Council was first replied denying any Consents on the land. I replied stating I was actually after covenant information and despite two further follow ups, no response has been received. Am I asking the wrong questions to the wrong people?

randomprecision - 2020-12-08 12:04:00

Look on the title ?

martin11 - 2020-12-08 12:31:00

randomprecision wrote:

How do I discover what covenants are placed on a section/block for sale? An email to the agent via the website listing has gone unanswered and an email to the local Council was first replied denying any Consents on the land. I replied stating I was actually after covenant information and despite two further follow ups, no response has been received. Am I asking the wrong questions to the wrong people?

yes you are, ask your conveyancer to search that info for you.

gabbysnana - 2020-12-08 12:54:00

Are you asking:
1 what are the restrictions on the type of building you will be allowed to build in a subdivision? Ie some subdividers/developers do not allow older buildings that have been shifted on to the site, or restrict house colours to a specific colour palette or material types for the houses?
so ask the developer or the developers agent
or
2 what the restrictions are about site coverage or closeness to the boundary or if you or your neighbour can site a pig farm there?
so ask the council
or
3 are you asking what memorials there might be on the title - often called covenants, easements, notices etc. These might be an easement to access a sewerage junction in the section behind or to service a large pylon or for shared access up the side of the section to another section behind.
Ask the developer (who should know but some times don't) or your conveyancer/solicitor to search the title. Even if it is a new subdivision and new titles may not have issued yet a land title search can reveal if there were easements on the old title and an experienced searcher will be able to let you know the likelihood of them being carried down onto several new titles. The subdivision plan may have been lodged and your solicitor can search this and it will show easements etc in plan form.
You could ask the developer for a cadastral plan of the subdivision.

From what you are saying I cannot work out what it is you are after. Covenants, to me, mean developer imposed colours, and type of house.....is that what you are after?

Edited by shanreagh at 1:19 pm, Tue 8 Dec

shanreagh - 2020-12-08 13:15:00

A mix of all three really. Are we committed to a new build on the section or can I drag a house onto it? Can I add a cattery later on? What about other outbuildings such as garages, secondary houses and how much will others affect me as we’d prefer to not be bothered by neighbours, hence wanting a larger section, bigger than those offered by mainstream developers.

Thank you for your answers, I have more to go on now.

randomprecision - 2020-12-08 13:34:00

randomprecision wrote:

A mix of all three really. Are we committed to a new build on the section or can I drag a house onto it? Can I add a cattery later on? What about other outbuildings such as garages, secondary houses and how much will others affect me as we’d prefer to not be bothered by neighbours, hence wanting a larger section, bigger than those offered by mainstream developers.

Thank you for your answers, I have more to go on now.

Have your lawyer search the Record of Title.

johnston - 2020-12-08 19:14:00

randomprecision wrote:

How do I discover what covenants are placed on a section/block for sale? An email to the agent via the website listing has gone unanswered and an email to the local Council was first replied denying any Consents on the land. I replied stating I was actually after covenant information and despite two further follow ups, no response has been received. Am I asking the wrong questions to the wrong people?

. If you are looking at a block of land / or section for sale that is advertised though a realestate agent request a copy of the title - any covenants will be registered on the title document . If the title has not been issued yet you will need to ask lots of questions ????. And get it in writing if and which covernants will be put on the land, if any. If you are buying land out in the wopwops you usually don’t get many ( if any ) covernants ( unless it’s part of a new Subdevision. The closer you buy to town ( or valuable land ) you probably find you will have covernants on it ...

argentum47 - 2020-12-10 02:04:00