by Makhdoom  08/07/2019  0 Page Views
0 Comments  Commercial law, litigation, contracts, IP, property law

Hi Dear

I bought a bare block of land about 1200 sqm in Melbourne, checked section 32, asked the council. There was no covenant. Before settlement the girl from the council said that there is a 20 m set back covenant, resulting 700 sqm is unbuildable.

I asked my conveyancer, he said how I know as there is nothing on the title and in section 32.

Hired a lawyer he said that even though the covenant is not mentioned on the title, is still valid. The settlement date arrived and as per lawyer instruction, I did not settle. Now the vendor has sold 70 K less then what  he sold to me to another person and has forfeited my deposit of 50,000.

I got advice from barristers, two barristers say that I was given wrong advice from the lawyer because the covenant was spent. One barrister says it was not spent.

Anyone knows about it

Regards

Mak