Show notes
Finding a great property development site only to discover it has a restriction on the title like a single dwelling covenant can be very frustrating and often leads to a potential project being ruled out. However, getting covenants lifted or modified is not an impossible task, but it can be tricky.
Fortunately, we are speaking with a previous guest who has lifted not only one, but two, restrictive covenants in two very different ways.
So let's find out what's involved with varying or removing a single dwelling covenant or other restriction on a property's title.
"Be inquisitive and you might learn something useful." John Marquez
Lifting Restrictive Land Covenants
What is a covenant
How do I know I have a restrictive covenant
Ways to remove a covenant
Who to use
Removing via Planning Process
Removing via Supreme Court
Determining which option to go with
Listen out for how John ended up at sitting in the Supreme Court thinking they may lose his case...
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Transcription
JustinHello and welcome to episode 81 of the show. Thanks for joining me. Trust you well. I'm doing OK just sitting in another lock down in Melbourne, so it's been another couple of weeks of just sitting at home with the kids around and. Everyone getting a bit bored, but we're working our way through it and we're just about to come out the other side, so fingers crossed that we can continue being open. So fortunately, residential construction has remained open, which has been good for my project because workers continued things are looking good on site. All the scaffolding is come down now so it looks really nice on site without any of the scaffolding around and you can see the designs of the buildings shining through. The interiors are being worked on. Some of the interiors of the. Town houses are just about done is starting on the landscaping. They've poured some of the driveway and the finish line is insight, so it's been quite good. Although there's been the usual issues that have popped up that require some solutions to problems, but that's part of developing so things are moving along there, which is really exciting on my other project. The site has been cleared. It's looking really good. We've submitted our town planning package into council for endorsement, so we're just waiting for them to hopefully stamp that. We've managed to achieve our pre sales which is good and we're just getting ready to start construction. So going through all the financial documentation and getting all the conditions sorted out so everything happening there as well. So it's been a very busy couple of months for me now. One good part about the lock down in Melbourne is that I had a little bit of time to wrap up my training program which has been good and I now have some people in there testing it out. And I'll be opening it up soon to other people. So if you are interested in learning how to develop property then please email me [email protected] and I can send you some more information about the program. I'm sure it's going to be something that people really enjoy now. Speaking of my project updates, be sure to check out my social channels on Insta and Facebook under the handle of property developer podcasts and you can see all my latest project updates. I do video updates about how the sites are looking, so if you want to check out how they're progressing, that's where you can find them. And I also post other property development related news, so go check him out. OK, onto today's guest. A friend of mine, John Marquez, will be familiar to people who listen to the show. John was my very first guest on the show way back in Episode 2 and we also talked to him in episode 12. John is a very active developer, done a number of projects, couple of four units sites a couple of 10 unit sites. He's got quite a few projects happening and we're going to talk about John's experience getting restrictive covenants lifted off property. So this is a conversation we haven't had before on the show. It's quite interesting about how you can get a covenant lifted off a potential development site. So in this conversation with John, we're going to talk about what is a restrictive covenant and how do you know if the land you're looking at has one? Who do you need help from to remove a covenant? And how do you actually go about getting them lifted? So keep an ear out in this conversation for how John ended up sitting in the Supreme Court of Victoria, wondering whether or not he may be losing his case. So this discussion between John and I is just that, a conversation. It's not legal advice about how to get a covenant removed. You need to talk to a good lawyer about getting that done. If it's something that you're thinking of doing anyway, I really enjoyed this chat about restrictive covenants. It's a good one. I'm sure you'll get something out of it, so let's head over to Jaune. John Marquez from Arena equity. John -

