Restrictive Covenants

July 27, 2017

in Property

As more and more of us are looking to renovate our abode or build a new family home on our dream piece of land be aware of any restrictive covenants registered against the Title for the land.

Queenstown Lakes District Council enforcement officers have recently started investigating those owners in a subdivision who are non compliant with the fencing restriction contained in the building covenant in their subdivision.  Whilst property owners may have been aware that their fence would be against the rules at the time of it being built, others within that subdivision were also non-compliant and no doubt each owner asked themselves at the time why not? and continued in the hope that it would never be raised as a problem.

Unfortunately this is most definitely a risk you take on and you should be aware that whilst immediate action may not be taken at the time of the breach, eventually this may catch up with you and you could be liable for daily fees if the issue identified is not complied with within the time frames imposed and could quickly become quite costly to you depending on whether the breach is easily rectifiable.  A defence of ‘following the leader’ is likely to be futile.

This just serves as a reminder to all to be very thorough in your due diligence investigations at the time of buying a property so that you do not find yourself in a situation where you are blissfully unaware that the improvements and/or changes you are making to your property could ultimately lead to unpleasant consequences.

Ignorance is not always bliss.

If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry and Co. who normally advises you, or alternatively contact:

Karen Eason
keason@farry.co.nz
03 477 8870 or 09 379 0055

 

The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such.  Professional advice should be sought before applying any of the information to particular circumstances.  While every reasonable care has been taken in the preparation of this publication, Farry and Co. does not accept liability for any errors it may contain. 

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