The above mentioned Application has been made under Section 81J of the Act to cancel the recording of the covenants in clauses 3 and 4 of dealing H955039 (‘Restrictive Covenant’).
The Applicant is applying to have the Restrictive Covenant extinguished on the basis that it:
(i)is a building materials covenant (clause 3) and fencing covenant (clause 4);
(ii)has been in effect for more than 12 years; and
(iii)is a type of covenant likely to lose any practical value after 12 years of operation.
The Restrictive Covenant sought to be cancelled:
1.affects the land in Folio Identifier 8/205780 known as 3 Myra Street, Frenchs Forest, NSW 2086 owned by the Applicant; and
2.benefits the land in:
a.Folio Identifiers 1-6/205780, respectively known as 17, 15, 13, 11, 9 and 7 Myra Street, Frenchs Forest, NSW 2086;
b.Folio Identifiers 2-3 and 8-10/210469, respectively known as 36, 38, 40, 42 and 44 Iris Street, Frenchs Forest, NSW 2086;
c.Folio Identifiers 1-2/624173, respectively known as 2 and 2A Winslea Avenue, Frenchs Forest, NSW 2086;
d.Folio Identifiers 2-3 and 5/502900, respectively known as 3, 4 and 5 Winslea Avenue, Frenchs Forest, NSW 2086;
e.Folio Identifiers 6/210469 and 4/502900, being public reserves on Winslea Avenue, Frenchs Forest, NSW 2086; and
f.the residue road in manual folio Vol 9073 Fol 221, being Winslea Avenue, Frenchs Forest, NSW 2086.
We intend to register the Application and extinguish the recording of the Restrictive Covenant from Folio Identifier 8/205780 unless, within one (1) month from the date of this notice, a caveat is lodged with NSW Land Registry Services pursuant to section 74F(4B) of the Act that prohibits the granting of the Application, accompanied by the prescribed fee (currently $171.70).
Enquiries may be made by email to ldr@nswlrs.com.au, quoting reference number AU939472:BTB:LEG7.
Sydney 2000
