Search found 4 matches

by George Rose
Wed Mar 18, 2026 9:35 pm
Forum: Brethren Meeting House
Topic: A meeting house contravenes the covenant
Replies: 0
Views: 26

A meeting house contravenes the covenant

In my view, the erection of a meeting house would directly contravene covenant (1):

1. That there will not at any time hereafter be erected nor permitted to be erected on any Lot as aforesaid any building except one private dwelling or two private single residential units with garage(s) and/or ...
by George Rose
Wed Mar 18, 2026 9:33 pm
Forum: Covenants Discussion
Topic: The covenant on 264
Replies: 1
Views: 25

The covenant on 264

Hi,

I wanted to check if this is the same covenant that everyone else has:

AND WHEREAS the registered proprietors wish to create certain restrictive covenants as between the said Lots comprised in the said land to the intent that each of the said Lots shall henceforth always have both the benefit ...
by George Rose
Wed Mar 18, 2026 1:55 am
Forum: Law & Legal Aspects
Topic: Assessment process
Replies: 1
Views: 23

Assessment process

Applications made under section 317 of the Act require the Court to apply the following two stage assessment:

1. have one or more of the grounds in section 317 been made out?
2. if so, is it appropriate for the Court to exercise its discretion to grant the orders sought?

What this means is that an ...
by George Rose
Wed Mar 18, 2026 1:34 am
Forum: Law & Legal Aspects
Topic: Property Law Act 2007
Replies: 0
Views: 21

Property Law Act 2007

The handling of covenants is legally set out in the Property Law Act 2007 - subpart 5

Section 317 sets out how Court may modify or extinguish easement or covenant

(1) On an application (made and served in accordance with section 316) for an order under this section, a court may, by order ...