G'day all..
We are in the process of having our plans finalised by an award winning architect…problem…in our list of easements from the developer of the land it says that the buildings should have a minimum of 40% brick work. Now at least 3-4 other new houses in the area have not followed this request, and our architect think this easement was put in to avoid kit homes and corregated iron sheds being put up. Our house is instead foam based with a rendered look… now I have tried to contact the developer of the land but have no contact details and a google search has not proved helpful. Do we continue on with the building or is this something I should pursue aggresively? Any help would be appreciated. Even if we did brick the whole house we would render it anyway and the finish would be nearlly exactly the same as our foam based finish. Cheers
TuggerEasement or covenant? You may need to check with your conveyancer/lawyer as to whether this covenant is irrevocable and enforceable or whether it is merely setting the standard for dwellings in the subdivision. This would mean that it applies to all dwellings in the subdivision, not just some and that all homeowners must abide by it.
I have just moved out of a community title area where there were similar covenances (aim of having textured facades). The same developers following subdivision was a torrens title, also with covenances. Interestingly, in the new subdivision, there are several buildings that dont comply with these covenances, one whom I know. When I asked how they got around it, they said that councils response was "they (council) cannot inforce the wishes of the developer and besides once he has sold it he really doesnt care".
You may find you will get less resistance if you are one of the LAST to build, whereas the resistance would be pretty high if you are one of the first.
All the best,
Tammythanks for that advice.. i will still try and contact the developer and just seek some clarification…. cheers guys
tuggerGo to the developer's conveyancer and see if you can find them that way.
G'day all…
Thanks for your advice…. I contacted the surveyor, who gave me the solicitors number, who then gave me the director of the developments number. Turned out as expected… happy to waive the covenant, as this was put into place to avoid kit homes and badly designed homes being built. As it turned out there was a badly designed home that they are now challenging in the legal ring. Thanks again guys. Cheers
tugger
G'day all…
Thanks for your advice…. I contacted the surveyor, who gave me the solicitors number, who then gave me the director of the developments number. Turned out as expected… happy to waive the covenant, as this was put into place to avoid kit homes and badly designed homes being built. As it turned out there was a badly designed home that they are now challenging in the legal ring. Thanks again guys. Cheers
tugger
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