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NOTICE PURSUANT TO SECTION 81D OF THE REAL PROPERTY ACT 1900 ('ACT')

16/5/2024

NOTICE PURSUANT TO SECTION 81D OF THE REAL PROPERTY ACT 1900 ('ACT')
APPLICATION TO EXTINGUISH OBSOLETE RESTRICTIVE COVENANT (AT813116) BY DOME ARCHITECTURAL HOMES PTY LTD AND A & A PRESTIGE DEVELOPMENTS PTY LTD
(APPLICANTS)

The above mentioned Application has been made under Section 81J of the Act to cancel the recording of clause (e) within covenant H384731 (‘Restrictive Covenant’).

The Applicant is applying to have the Restrictive Covenant extinguished on the basis that it:

(i) is a fencing 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 105/30195 being 40 Deepwater Road, Castle Cove NSW owned by the Applicants; and

2. benefits the land in Folio Identifiers:

79-89, 92, 96-98, 101-115/30195; 1-2/871259; 1-2/854517; 1-2/876104;
1-2/1202573; and 1-2/847209.

These properties comprise the majority of houses on Deepwater Road, Castle Cove NSW (numbers 20A to 79, indicative only) and houses along Castle Cove Drive, Castle Cove NSW (numbers 18 to 36, indicative only).

We intend to register the Application and extinguish the recording of the Restrictive Covenant from Folio Identifier 105/30195 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 $165.40).


Enquiries:
Ref: AT813116 JS LEG4,
Tel: (02) 8776 ...
Email: ldr@nswlrs.com.au
Date: 16th May 2024

Castle Cove 2069

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