NSW Restrictive covenant from 1939

[Lorelai]

Have just been informed of a covenant on our title. It is from 1939 when the land was subdivided and states that the house must be of brick or stone - no problems there as we are building with brick - and that the roof must be tile or slate. We are planning on using colorbond. There is no expiry and it states only the transferor or their successors can change the covenant. It wasn’t pointed out to us when we bought the property and I was wondering if this is actually something we have to abide by.

Thanks!

 

[Atticus]

It wasn’t pointed out to us when we bought the property and I was wondering if this is actually something we have to abide by.

Don't know, BUT, it's something that *may/should* have been declared at sale by the vendor ... In SA this would be included on the Form 1. Not sure about NSW... If it should have been declared but wasn't, you may have some legal grounds to take it up with the vendor.