RESTRICTIVE COVENANTS Timothy bought an old warehouse at 27 Railway Road, Rushall in October 2016.
G C) File C:/Users/61452/Downloads/Revlsed%20For%20Upload%202022%20Property%20A%20TutorlaI%2OBook.pdf is $5 3 GHQ —+®«* A”1|V’v’5’v0 l3! @2’533 TUTORIAL 7: Topic 12: RESTRICTIVE COVENANTS Timothy bought an old warehouse at 27 Railway Road, Rushall in October 2016. He intends to convert the 4 upper floors into luxury apartments, above a common groundvfloor area comprising a gym, sauna, in~ground pool and garden. When the warehouse was originally sold in 1930 by the neighbouring landowner, the parties agreed with each other, their successors, heirs, and assigns, that: no quarrying operations shall be carried out nor shaft any sand smne 0r gravel be dug or removed or allowed to be dug or removed… excepting excavating for the foundation ofany buildings to be erec/ed or placed thereon or for use in such building. Timothy recalled seeing this condition, which was noted on the instrument of transfer attached to the Vendor’s Statement, but thought nothing of it as quarrying had not been carried out in the area for years. However, yesterday, as he was waiting at the Rushall Council offices to lodge an application for a building permit for his development, he saw James, who is developing another property in Railway Road. James recognised him and commented “Council just declined my plans to include an underground Wine cellar because of that damn restriction against quarrying on my land! Good luck getting whatever you are asking for!” With several other luxury townhouse developments under construction in the area, Timothy is concerned that without a pool, his development may not sell. a) Advise Timothy whether the condition is likely to stop him from constructing a pool on the land. For the purpose of this question, assume that the Rushall Council does not require a person to obtain planning permission to construct a pool on residential property. b) Assuming that Timothy cannot construct a pool with the condition in place, advise Timothy whether he is likely to be successful in an application to modify or remove the condition under the Property Law Act 1958 (Vic), V 2140 PM 13/10/2022 .I 16″C ENG ., fix 9:)- Cloudy US
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