Thread: Some people!!!!!

If it were me, and I had the approvals, I would ring no one and just keep going. Why stick your neck out and draw attention to yourself. When we bought our current house there was a covenant on the block re colorbond sheds. The covenant was placed on the block by the developer and only applied to two blocks. Everyone else had colorbond sheds. Just had a chat to the developer and he removed it. So there is a good chance something similar is going on in your area and the covenent does not apply to your block(s).

Originally Posted by artme

Today the builder came to me quite concerned because an older person had come around doing a letterbox drop that complains about this being a brick and tile covenant area.The fellow got stuck into my builder.

Covenants are placed on the land by developers/sub-dividers to protect the value and character of the land and have nothing to do with the council.

If there is a covenant on the original land than it would be registered on the title, if not listed there then you have no worries. If listed on the original title and not carried onto the new subdivision by you then it should be extinguished on the new block.

Further (in Vic.) enforcement of covenants can only be done in the Supreme Court by parties affected by it, so unless the old coot has enough money to go to Court then you can ignore him.

Of course you should obtain good legal advice to be sure.


Peter.

Artme,

I work for a residential house builder, and we are always being pulled up by our certifier to get approval letters from developers re compliance with covenants.

If you were going to talk to anyone, talk to them. If they have approved it, they could be the ones at fault.

This is a 20 year old subdivision and the developer has long since disappeared.

I spoke to the council about this matter before going ahead and was told ( nothing in writing) that I was in the clear.

As this is a subdivide block, old title will be extinguished and new title established on both new blocks. AS I am therefore the developer then they can all dance whatever dance they wish.

I think the idea of covenants has been abolished in Qld. ?????

Tell the nosey old p.... to mind his own business!!

If you've got your DA then that's all that matters. They're meant to pick up on any heritage related things during that process.

This might be useful to you.

Print it out and visit your troublemaker

Originally Posted by artme

Today the builder came to me quite concerned because an older person had come around doing a letterbox drop that complains about this being a brick and tile covenant area.The fellow got stuck into my builder.

If I had issues with the legality of a newly built house in my neighbourhood I'd make an effort to discuss the issue with the owner of the property not the builder. I'd also discuss it with the Council. Looks like this guy is one of those self appointed neighbourhood cops. Did he leave any contact details on the flyer..if he didnt then hes just a sh*t stirring stickey beak and Id not be busting my nuts to get in contact with him.

Once you finish your house hold a block party and invite everyone along including the old boy causing you grief. You'll probably find that once the other neighbours realise that youre a decent bloke and that the old guy is a stirrer you wont have any more problems. Who knows maybe even the old boy will see you in a whole new light.

Thanks q9, I had already skimmed that and went into a bit more detailed reading of the bits i thought were relevant.

In some ways the situatuation with a removal house is confusing, because the councils treat them as new dwellings and yet they don't make any demands for alterations. Everything you add as new, however must be environmentall sound and in line with sustainability guidelines.

Several people in the building trades I have spoken to in the last couple of days are of the opinion that I will have no problems. One even suggested that covenants are not worth the paper they are written on.

I seem to recall a while ago covenants were challenged in queensland courts and a pretty solid precedent was laid down that they are unenforceable in qld. I certainly wouldn't raise it with council until teh project is finalised. i very seriously doubt if you'll have to redo anything after you've got your completion certificate. As said he'd have to sue and I don't think it would get anywhere.

I am intersted to know what hurdles you had to jump through to subdivide.

Some locals here parted off an acre for their kids, cost them $180k to get the f' council stuff done. Clearly didn't bribe the right people...

On the other hand a local builder parted off an acre of his land supposedly for his kids and is now trying to flog it off. Clear felled the whole block despite the whole area being under vpo. I bet because of the new title it hadn't had the vpo applied and he saw a window...

Best legal system money can buy...

As mentioned above, covenants are usually put in place by the developer of a particular sub division at the time of development and usually is in place to help them sell their land to prospective buyers who are in the belief that this particular area will be adhering to the covenant and all the homes will be of a certain standard. In most cases, no one seems to police the covenants and owners do their own thing on the property. The developer, after selling off his lots, loses interest and to be honest doesn't give a hoot what you do with it after he has the money in the bank.
The development that I lived in in Sydney had covenants that had to be timber fences only and no duplexes under any circumstances. It turned out that nearly everyone had colourbond fences and the covenant about the duplexes could not be enforced and eventually several were built on the lots that had been purchased as investments.

I certainly wouldn't be ringing council. In my experience of property developing in Sydney a few years ago, council had no interest in covenants imposed by developers.

Haven't and won't ring council.

Rang certifier and as far as he is concerned I have nought to worry about.

Damian The subdivision and all that went with it. including setting up the easement for drainage and sewer,two new driveways to help establish new titles and blah,blah, blah has set me back about $60K.

Some of the administrative gumph is a bloody joke! BUT I guess that's the way of the world.