Restrictive Covenant not mentioned on the title

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Rob Legat - SBPL

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Yes, if it forms part of a contract - but then only to those who are parties to the contract - or another contract where they have agreed to observe the covenants.

An example is the building covenants you see on housing developments. The original developer wants to keep a certain standard or style in the residences built, so the contract of sale contains a set of building covenants with a condition that if the buyer sells before completing the residence then they must obtain the same covenants from the buyer.
 
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8 July 2019
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Hi Rob, I bought a block of land, No restrictive covenant was mentioned in section 32 nor on the title. I asked the council and they don't know about any covenant. But b4 settlement I found that there is the restrictive covenant (20m setback). That covenant was originally created in 1999. Afterwards, that block is sold 3 times. Is that covenant still valid or spent
 

Rod

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As Rob has mentioned, depends on what is in your purchase contract.

Have you checked your contract? Have a good read of your contract if you haven't already done so.

Assuming you are in Vic and want some advice you can call me.
 

Rob Legat - SBPL

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I'm not familiar with Victorian property law, but from your use of the word 'setback' it occurs to me that you might not be referring to a covenant so much as to Council's building and development requirements. In granting building approvals Councils will have minimum distances from boundaries in which they either won't allow construction, will only allow certain types of construction, or will allow it but perhaps with certain conditions. These minimum distances are what are commonly referred to as setbacks.

They're not registered on title, and not part of any contract of purchase. Rather, they are pursuant to the Council's powers under their version of the local government legislation.