Several years ago I owned a 1 acre beachside block of land and house in Tasmania. I subdivided the land in half and with the intention at the time of keeping the block with the house, I placed a building covenant on the vacant block. Anyway a few years down the track, I ended up selling the land with the house, unfortunately just before the boom, and keeping the vacant block. Stupid me I didnt put in an application to remove the building covenant before I sold the house. Consequently, the new owners after a year, removed the house and started a development of four houses. I would like to now build two houses on the land I own, but now am faced with neighbours who at this stage are unwilling to give approval to amend the sealed plan on my block. I am told if this occurs, I have no options left, and I will only be able to buld one house.The bulding block is the only vacant piece left on the beachfront, and it would be a great investment, especially as it owned outright. Any assistance would be fantastic.
rip
Based on the information provided, you must abide by the covenant, which can only be amended by the adjoining property owner.
However, if you haven’t done so already, you should speak with the local council/planning office, and a qualified lawyer to determine if there are avenues to pursue.
I would have consented to the adjoining subdivision – if consent was required – only if the owners released the covenant.
If they undertake further development that requires each neighbors consent, this avenue may be your only means of releasing the convenant.
— Michael
if all else fails you could just sell the block to the “neighbours”
[blush2]
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