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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22324
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Land covenence! I have a covenence conditions on the section

Customer Question

land covenence!
I have a covenence conditions on the section of land that I have got. the covenence refers to the original land developer and requires for the developer to approve any house build.
the original developer entity (company) has been liquidated in 2008. On the property file and the Certificate of Title no mention of any 'transfer developer rights' or 'acting on behalf'. what do I need to do to get around that covenence or can I somehow remove it? do I need a court judgement or something? How does it work when it is impossible to administer required covenence due to physical absence of the 'original developer' , referred to in the covenence?
thanks
Alex G(###) ###-####
Submitted: 7 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 months ago.
I suspect that what you have is a restrictive covenant. If however the development company is now in liquidation, the covenant will not apply because there is no want to enforce the covenant. It is possible to have the covenant removed in those circumstances which should not cost a great deal. I would not bother unless you want to actually develop the land. There is a provision under the Property Law Act to remove a covenant in circumstances where it is no longer effective. You would need to ask your lawyer to make the application for the order, although I am fairly sure you would not have any trouble getting the order. You could also simply do the development and ignore the covenant, because no one now exists to enforce it.

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