A covenant is an agreement between the developer of Woodchester Estate and a Buyer.
The covenants are presented here for your information, they will also form part of any “Contract of Sale” for the lots in the Woodchester Estate.
The Buyer undertakes and agrees –
1. STANDARDS FOR DWELLING HOUSE
That no building other than a dwelling house erected in accordance with the standards and specifications required by and approved by the local authority, is to be erected.
2. TEMPORARY ACCOMMODATION
No caravan or tent (or any other form of temporary accommodation) shall be placed on the land.
3. REMOVAL OF EXISTING BUILDING TO LAND
The Buyer agrees not to move any existing dwelling house or building to any area of the land from any other site.
4. DIVIDING OR OTHER FENCING
The Seller shall not, under any circumstances, be or become liable for, or contribute to the erection, maintenance, or repair of any dividing or other fence not withstanding to the contrary in “The Dividing Fences Act of 1953” or any amendment or substitution thereof.
No fences shall be erected on the said land closer to the street than the house building line as fixed by the local authority.
Should a Buyer wish to construct a swimming pool in a position further forward than the house building line, they may erect a fence as required by the Local Authority by-laws without being in breach of this covenant. No such fence shall be erected until construction of the swimming pool has been completed.
5. HEATING/COOLING SYSTEMS
All external hot water systems (except solar) and air-conditioning units shall be located on the dwelling house and land so as not to be offensive to others, including views from all sides of the land and the street.
6. GARDEN SHEDS
Lawn lockers or metal garden sheds may be erected without approval by the Seller, provided they are positioned on the land so as not to be offensive to others.
7. DETACHED GARAGES
Detached garages must be placed on the land so as not to diminish any enjoyment of the area by others.
The position of the mailbox shall be in line with the front boundary of the land and shall not create interference to others.
9. RUBBISH /GARBAGE BINS
All rubbish and /or garbage bins shall be stored in an area on the land that is screened from view from the street apart from collection days by the Lockyer Valley Regional Council.
No multiple tenancy dwellings in the form of units/flats are to be erected on the land, although Duplexes approved by the Seller may be permissible.
11. CARE AND MAINTENANCE
No rubbish shall be allowed to accumulate or be placed upon the land.
In the event of rubbish accumulating upon the said land or of there being excessive growth of grass or if such grass becomes unsightly or in need of cutting, the Seller, its agents, employees and workmen shall be at liberty (but not be obliged) to cut the said grass or remove such rubbish at any time or from time to time and the costs thereof shall be paid on demand by the Buyer/s to the Seller/s
12. SIGNS AND HOARDINGS
No advertisement, sign or hoarding shall be erected on any part of the said land hereby sold without prior consent in writing from the Seller/s. The Buyer/s authorises the Seller/s to enter upon the land and remove any signs or hoardings erected without its consent.
13. BREACH OF COVENANTS
If the Buyer fails to comply with the terms and requirements of the covenants, the Developer may issue a notice requiring the Buyer to rectify the default and pay all legal costs incurred with such notice within a reasonable time.
Should the Buyer not comply with such notice within the time stipulated therein then the Buyer hereby agrees to the Developer by way of liquidated damages:
- i. an amount as prescribed by the Developer from time to time; or
- ii. an amount equal to the Buyer’s or the Developer’s estimate of the costs of rectification of any building or other work carried out by the Buyer to bring the building or other works in line with the said requirements.
14. DEED OF COVENANT ON RE-SALE
If the Buyer sells or transfers the title of the land in any way the Buyer agrees that:
- a) prior to the settlement of such sale or transfer, the Buyer will obtain at the Buyer’s cost, in favour of the Developer a deed of covenant binding the new owner to the terms of this Covenant;
- b) the deed of covenant will be drafted by solicitors for the Developer at the Buyer’s cost and include all such other provisions as the solicitors deem necessary to give proper effect to this Clause.
The Buyer hereby agrees that should the Buyer fail to comply fully with this clause that the Developer will suffer damages equal to an amount of a minimum of $ 5 000 and the Buyer acknowledges that the Developer may recover such damages from the Buyer as a liquidated debt. The Developer reserves the right to recover a greater amount from the Buyer if the Developer has suffered a greater amount of damage.