All Topics / Help Needed! / Covernant

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  • Profile photo of trustieonetrustieone
    Member
    @trustieone
    Join Date: 2007
    Post Count: 47

    Hello,

    I bought a property in Tasmania, i have owned it for 9 years land only.

    When i purchased it i signed a covernant doc of some sort between me & the neighbor, I had truly forgotton all about it, it was never lodged by the neighbor or his legal firm onto the title deeds, some  one forgot i suppose,  I now want to sell the property but delays have occurred because the neighbor has now lodged the document with the lands & titles office some 9 years later, the new purchaser has been notified by the neighbor of this covernant  which I never disclosed  because I did not know it was out there

    .

    If i have to honor it that,s fine, ,its not a big deal anyway (keeping trees from adjoining boudary to below 3 mtrs in height (protect his view)

    So my question is.

    Is this covernant still enforceable i wonder.

    Profile photo of Scott No MatesScott No Mates
    Participant
    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    If it has now been registered on title, then you will have to honour it. Have the trees grown over 3m?

    Profile photo of trustieonetrustieone
    Member
    @trustieone
    Join Date: 2007
    Post Count: 47

    hello Scott,

    No trees are on either block of land at this stage, his or mine, no houses either .

    The neighbor was making sure nothing would block his veiw when he builds eventually i , but i suppose he had the forsight  about the covernant . but because he or his legal team put it on only 4 weeks ago, (drawn up & signed 9 years ago) i thought possibly it might not need to be honored.

    thanks for the reply

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