Thanks Ashley for that reassurance. To be honest, I am so "nervous" about this problem that I don't think I've got the state of mind to handle it for myself and my husband is too busy trying to earn enough money to pay the mortgage on it
Hi Melanie,
I will email you privately (with specific details regarding my case) to see if you can /are interested in being contracted to help me out! Just a couple of quick general questions – I did do a search on the link you gave me and nothing came up – does the system not always work because I am sure past efforts/applications were made. Also, if we are trying to get this overturned and let's say, best case scenario, it gets approved – is it important to do it as close to the time you plan to build as possible (ie: are these decisions bound to a time period or do they remain forever)? We are currently living overseas and will be returning at the end of the year – is it something i can get underway whilst not being physically in the country!?
Also, in the case of my worst fears, and this issue cannot be resolved via a straight-forward route, would you suggest it is worth putting any money into remedying it? (ie: can it end up a bottomless pit in legal costs.. and/or how likely is it to work out in my favour)? I vaguely remember the lawyer we got to read the sect 32 (who did say he was not very well-versed in property law) before purchasing, said that in my particular case he can't really see any modern reason why our covenant would still be of any value to the beneficiary (ies). He said that it was very old and outdated But he also told me to stay away from the property (((
Hi Melanie,
Thank you so much for your response. There are views at stake in that it is a hilly area with the house being on the highest part of the hill. All the neighboring properties are double-storey though. The neighbors are all very set in their ways and very happy that our house has a single-storey covenant. It is local street “gossip” and I am sure they are convinced that keeping our house single-storey will improve the appeal and value of theirs. I have heard (via gossip) that the owners prior to the ones whom we bought off tried to get it overturned and it was too difficult and therefore they sold. I have no real way of validating this story – or finding out the means they took to attempt to clean the title.
would i approach local council direcly, or via a town planner? I notice you serve the bayside area… can you recommend someone good who has experience with Stonnington?
Thank you once again.