Subdividing your property can be a great way to make some extra money or to create a new home for your family. However, it is important to be aware that not all properties are subdividable. In fact, there are a number of factors that can prevent you from subdividing your land, including covenants.
- What is a covenant?
- What can I do if there is a covenant on my property’s record of title that restricts subdivision?
What is a covenant?
A covenant is a legal agreement that restricts how a property can be used. Covenants can be registered on a property’s record of title, and they can be created by the property owner or by a previous owner. Covenants can be used to restrict a wide range of things, such as the type of building that can be built on the property, the height of the building, and the number of dwellings on the property.
How can a covenant prevent me from subdividing my land?
If there is a covenant on your property’s record of title that restricts subdivision, you will not be able to subdivide your land without the consent of the other party to the covenant. This is because covenants are binding on all future owners of the property.
What are the consequences of subdividing my land without removing the covenant?
If you subdivide your land without removing the covenant, you may be in breach of the covenant. This can have a number of serious consequences, including:
- You may be ordered to remove the subdivision.
- You may be sued by the other party to the covenant for damages.
- You may be fined by the council.
- Your property may be devalued.
Don’t risk subdividing your property without removing the covenant
What can I do if there is a covenant on my property’s record of title that restricts subdivision?
If there is a covenant on your property’s record of title that restricts subdivision, you have a few options:
- Try to get the consent of the other party to the covenant. This may be possible if the covenant is old or if the other party is willing to remove the covenant for a fee.
- Apply to the High Court to have the covenant removed. This is a complex legal process, and it is important to seek advice from a lawyer before taking any action.
- Sell your property. If you are unable to get the covenant removed, you may want to consider selling your property.
What should I do if I’m thinking about subdividing my property?
If you’re thinking about subdividing your property, it’s important to check with your local council to see if there are any restrictions that apply. You should also consult with a lawyer to get advice on your specific situation.
Don’t risk subdividing your property without removing the covenant.
If you do, you could be facing serious consequences, including financial losses, legal action, and even the removal of your subdivision.
Here are some additional tips:
- Be aware of the different types of covenants that can exist. Some covenants are common to all properties in a subdivision, while others may be unique to your property.
- Read and understand the covenant carefully before you try to get it removed. This will help you to determine whether you have a good case for removal.
- If you’re not sure how to proceed, consult with a lawyer. They can help you to understand your rights and options.
Don’t wait until it’s too late. If you’re thinking about subdividing your property, act now to get any covenants that could prevent you from doing so removed.
If you’re thinking about subdividing your property, act now
Convey Law is a team of experienced property lawyers who can assist you with all aspects of subdivision law, including removing covenants from all types of record of title. We have a deep understanding of the relevant legislation and case law, and we are committed to providing our clients with the best possible legal advice and representation.
If you are considering subdividing your property, or if you are having problems with a covenant on your property’s record of title, Contact us NOW! We can help you to assess your options and develop a strategy to achieve your desired outcome.
Here are some of the ways that Convey Law can assist you with covenant issues:
- We can review the covenant and advise you on whether it is enforceable.
- We can negotiate with the other party to the covenant to try to get it removed.
- We can represent you in the High Court if you need to apply to have the covenant removed.
- We can advise you on the consequences of subdividing your property without removing the covenant.
We understand that covenant issues can be complex and stressful. We are here to help you navigate the legal process and to achieve the best possible outcome for your situation.
Contact Convey Law today for a free consultation. We will be happy to discuss your case with you and to provide you with expert advice.
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