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Answered in 2 hours by:
5/3/2016
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedI 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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