Hi All,
I am considering purchasing a house, which has a restrictive covenant on the Title.
"The property/Land can also not be used for any purpose other than the erection of a single or duplex dwelling house."
Does this restrict me from adding a patio onto the house or is it just in regards to going up and adding a double story?
Thanks
Generally it would be interpreted that you can build a Class 1 dwelling (house), to the exclusion of say a Class 8 factory. Your local council will dictate the terms of building a patio (which is usually straightforward) and I doubt they'll consult your covenant to check the fine print so you should be fine.
Open air patio will be OK
LOL youll be fine.
this is in there so you don't use residential land for commercial or industrial purposes
Sounds like you cannot build units or triplex on there. Maybe even a Granny Flat.
Thanks all
Note single dwelling is not the same as single storey dwelling.
Erection … giggety
Intent is to restrict you from building a granny flat, subdividing or operating a business from your garage.
Also you cannot buy the neighbouring land and build units.
Patio/deck or small free standing garage shed will be fine and may not even require council approval if you stay within their guidelines.
Realistically you can build as high as the council allows.
Speak to your solicitor as some of those covenants are unenforceable. It's a legacy from when the land was first allocated and nobody has bothered to challenge it. Have a drive around a few neighbouring blocks and see what the other residences look like. You can always challenge the covenant later, with chance of success similar to whatever the neighbors have done.
Is the house $50? If not why are you asking for advice on a hundred thousand dollar or more purchase on OzBargain?