NOTICE PURSUANT TO SECTION 81D OF THE REAL PROPERTY ACT 1900 ('ACT')
APPLICATION TO EXTINGUISH OBSOLETE RESTRICTIVE COVENANT (AS270469) BY ALEJANDRO FRANCISCO MUNOZ AND LENKA MUNOZ
The above-mentioned Application has been made under Section 81J of the Act to cancel the recording of the covenants created with dealing F978334 (‘Restrictive Covenant’).
The Applicant is applying to have the Restrictive Covenant extinguished on the basis that it has no practical value or no practical application for the purposes of section 81J(1)(e) of the Act.
The Restrictive Covenant sought to be cancelled:
1. affects the land in Folio Identifier 16/24695 being 35 Mathewson Street, Eastgardens, NSW (‘Land Burdened’) owned by the Applicant; and
2. benefits the land in Lots 17-32 (inclusive) in Deposited Plan 24695, Lots 47-58 (inclusive) in Deposited Plan 24695, Lots 60-61 in Deposited Plan 24695, Lots A, B and C in Deposited Plan 395199, and Lots A and B in Deposited Plan 449474, which lots are known as the following addresses in Eastgardens: 1-5 (inclusive) Tierney Avenue, 5B Tierney Avenue, 6-30 (inclusive) Tierney Avenue, 32 Tierney Avenue, and 192, 194 and 196 Bunnerong Road (‘Land Benefited’).
The Restrictive Covenant:
(a) requires fencing separating the Land Burdened from the Land Benefited to be erected without expense to the transferor under F978334, being Mary Particia O’Mullane, her administrators and assigns, but only as long as they own the part of the Land Benefited adjoining the Land Burdened (being the land in Folio Identifier 17/24695 known as 32 Tierney Avenue, Eastgardens);
(b) limits one main building to be erected on the Land Burdened;
(c) limits that building to be constructed of brick, stone or concrete, with a tiled roof, and with a floor space (excluding verandahs and annexes) of at least 800 square feet (or 243.84 square metres);
(d) requires that building to not be used for any other purpose except "a private dwelling house";
(e) prohibits "noxious noisome or offensive trade or occupation" from being carried out on the Land Burdened; and
(f) prohibits earth, clay, gravel and other materials from being excavated or taken away from the Land Burdened except for the purpose of building foundations.
We intend to register the Application and extinguish the recording of the Restrictive Covenant from Folio Identifier 16/24695 unless, within one (1) month from the date of this notice, a person with a registered or equitable interest in the Land Benefited by the Restrictive Covenant, or any person recorded in the Register as having a right to release, vary or modify the Restrictive Covenant (or whose consent is required to do so), lodges with NSW Land Registry Services, pursuant to section 74F(4B) of the Act, a caveat prohibiting the granting of the Application, accompanied by the prescribed fee (currently $154.20).
Enquiries should be made by email to email@example.com, quoting reference AS270469:BTB:LEG7