Are councils necessary?

[artme]

Just back from the council. Would you believe that the girls at the front desk were able to actually help me with the planning/building permit application? I was more than happy! I was over the moon!

Went to see one of the neighbours. She is not particularly happy but realizes things have changed and that there is probably little she can do, if anything to stop the building going ahead. I can see her point to some extent, but since everything is within the regulations I don't think it's any of her business as to what I do on my land.

In talking things over with her she told me that the original subdivision had covenantsthat were put in place by the owner who developed the land. Now I would like to know by what right does any person, other than a government body, gain the ability to tell you what your house should be built form! I know it has happened for years and has been accepted practice, but does that make it sensible or right?

As a result of this the neighbour is intending to grill council. Sorry, but those restrictions that applied 20 years ago have gone and in my opinion she should keep her nose out of it!!!

I have been polite and congenial in my dealings with her but I can do without the stress.

[Big Shed]

Ah, covenants!

When we bougt our 25 acre block, there was a covenant on it, amongst other things you had to have Colorbond sheds and could not build with weatherboard or mud brick.

When I asked the owner who was selling the land (the sub-divider, farmer) what he had against mud brick (not that I wanted to use it) his reply was:

"Have you ever seen a mud brick house that is finished?"

Hadn't really thought about that or noticed, when I started taking notice of this, he was right, hardly any mud brick houses get finished!

Covenants are really there to protect every one, just down the road there is an estate with 10 acre blocks, no covenants, lots of weatherboard houses, mud brick houses (unfinished!) etc. The whole overall look of that area is decidedly downmarket. There are some very nice big places in between but their market is reduced by the surrounding lower quality homes.

Having said all that, quite a few people in our estate have ignored the Colorbond only clause! So who enforces them?

[Sturdee]

In talking things over with her she told me that the original subdivision had covenants that were put in place by the owner who developed the land.

If they are proper covenants they would be recorded on your certificate of title and disclosed by way of a title search before you bought the property.

They are binding on all future owners of the land unless removed through an application to Court.

If you break the covenants your neighbour, being an owner in the subdivison also covered by that covenant, has redress against you in the courts. The court has the power to either allow your breaking of the covenant or force you to comply with the covenant by ordering you to return the property to its original condition.

In Vic the court is the Supreme Court and if it gets to court you both will make lawyers richer so negotiate with her to get her of your back in a happy state before you go to far.

Councils are not involved in this so you won't get help there.

The time to consider as to whether covenants are a nuisance is before buying the land and your solicitor should have informed you of them.


Peter.

[ian]

snip
Went to see one of the neighbours. She is not particularly happy but realizes things have changed and that there is probably little she can do, if anything to stop the building going ahead. I can see her point to some extent, but since everything is within the regulations I don't think it's any of her business as to what I do on my land.

In talking things over with her she told me that the original subdivision had covenants that were put in place by the owner who developed the land. Now I would like to know by what right does any person, other than a government body, gain the ability to tell you what your house should be built form! I know it has happened for years and has been accepted practice, but does that make it sensible or right?

As a result of this the neighbour is intending to grill council. Sorry, but those restrictions that applied 20 years ago have gone and in my opinion she should keep her nose out of it!!!

Normally a covenant attaches to the land title — when you buy the land you also buy the restrictions (covenants, easements, etc) attached to the title.

It's easy for the original owner (seller) to attach a covenant to a title.

These sorts of covenants usually become difficult to enforce once a property has passed through a number of hands and the original developer has sold all the lots in the subdivision. A clever 3rd or 4th buyer would negotiate a price that included removing any restrictive covenant. However, if the covenant still exists, anyone adversly affected can take court action if they wish. So work with you neighbour and try not to upset her too much.


BTW, I understand that it's also possible for a third party to attach a covenant (or similar) to a title. The situation I'm thinking off is the "wronged" wife encombering the title to the family home to stop "hubby" selling the house without giving her some (or all) of the proceeds

[artme]

Thanks for all the info and advice.Yes, I have been courteous and kind with the neighbour and have endeavored to establish a good rapport with her. I think this has gone well enough.
She is a little inclined to want things her own way. For instance there was constant nagging to the previous owner about the vegetation on the property and the leaves that blew onto her garden. Everything except a Golden cane Palm and a clump of Bamboo has been removed. When this was being done her mother basically demanded that the bamboo be removed by the operator of the excavator. He said that wasn't up to him. I have told the lady in question that that may well go when I get back from overseas.

I left the "comments"paper with her so she and the husband can add whatever comments they wish. I gave them a couple of days to chew it over. I also told the lady that they were definitely entitled to their say and it was not for me to oppose that right.

I can only wait for the result.