The above mentioned Application has been made under Section 81J of the Act to cancel the recording of covenant numbered 1 in B402029 (‘Restrictive Covenant’).
The Applicant is applying to have the Restrictive Covenant extinguished on the basis that it:
(i)is a building materials covenant;
(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 1/1272002 being Chapel Street Kogarah 2217 owned by the Applicant; and
2.benefits the land in CP/SP62612, CP/SP7777, CP/SP33038 and part of Hayburn and Lister Ave and 1/1272002.
We intend to register the Application and extinguish the recording of the Restrictive Covenant from Folio Identifier 1/1272002 unless, within one (1) month from the date of this notice you lodge at this Office, pursuant to section 74F(4B) of the Act, a caveat on form 08X prohibiting the granting of the Application, accompanied by the prescribed fee(currently $147.70).
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