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Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
What state is the property in? Have you appointed a Solicitor to act on your behalf? Have you spoken to Council about the restrictions on the land and their position on changing that?
Hi, the property is in Victoria, Eltham. We haven't appointed a solicitor, as the Auction is this Saturday, and I didn't think that they would be able to get all the relevant info in such a short time.
sorry I didn't realize every that I hit the enter key, it was uploaded!
bad habit! I have spoken to the planner at our local shire, who in principle doesn't have a problem with the subdivision, so long as it fits in with their landscape overlays, etc.
and other building regulations. She was also unsure, if we could apply for the subdivision even though it has the covenant on the lot, for the single dwelling, and then the covenant would be placed on both of the new blocks?
the planner from the council, was unsure, and felt that it was a legal matter, that would take some time with a solicitor. and had little idea if we would have difficulty in having it removed. But did say, that if it was removed, that she didn't see any major issues with the subdivision
you suggest that we try and make the contract of sale subject to the removal of the covenant. not a bad idea, but I don't think we would have much chance of doing that. how long might it take to have a covenant removed, and how much would we expect to have to pay for this with a solicitor? I also don't think that the council employee, would put it in writing for me, even though verbally she was quite agreeable. as I'm sure that she would also realize that once I had something in writing, I might use it against the council as you suggest. is it usually easier to have a covenant removed when it only affect one Lot, (as it seems to in this case). the surrounding properties do not have the same covenant placed on them
I have actually spoken with some of the owners of the neighboring properties, to try and get an idea if they would object to the subdivision. the response was positive, that they would support our application, as they would rather have only a division to two properties, rather than have to deal with a developer, who may want to put 4 units on the site. if you could rate a % on our chances of getting the covenant removed. even if it takes a little while, what do you think? and how much time would the solicitor need to do the work, for the application. thanks
yea Ok. thanks alot. you've been helpful. is it too late now, to have a solicitor have a look at it, with copies of the title etc prior to the auction on Sat, to give us a better idea.
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