The Purchaser will not erect or place any building other than
a single new residential home having a closed in floor area
(exclusive of basement, carport or garage) of not less than
100m2, excluding eaves and decks, and a garage or other buildings
as would usually be appurtenant or ancillary to a single car
dwelling house provided that such garage or other building can
only be erected once the dwelling is first erected and such
garage or other building shall be of a design that is architecturally
in keeping with the dwelling. The Purchaser will not commence
construction without first obtaining the written approval of
the Vendor to the plans and specifications and the exterior
design, colour and appearance of the proposed dwelling house,
such approval to be at the Vendors complete discretion.
Construction of the dwelling is to be completed within 9 months
of commencement of laying foundations and within that 9 month
period a driveway or vehicle access in a permanent continuous
Lawns are to be laid and fences completed within a further
period of 12 months. The cartilage is to be kept trimmed and
tidy at all times.
The entire lot shall be kept tidy and free of debris.
The land is not to be occupied or used as a dwelling until the
dwelling has been substantially completed in accordance with
these covenants and the local authority consent.
The Purchaser acknowledges and agrees with the Vendor that each
lot in the subdivision forms part of a development which is
intended to be established and maintained as a modern subdivision
for private ownership and no commercial activity or usage principally
for subsidized or communal housing shall be permitted.
Once construction of the dwelling has been substantially completed
the Purchaser will not allow to remain on the land any temporary
dwelling, caravan, bus, trade vehicle or other equipment or
materials or machinery unless garaged or screened so as to preserve
the amenities of the neighborhood and to prevent noise likely
to cause offence to residences in the subdivision. No recreation
or commercial vehicles or trailers are to be regularly parked
on the street or footpath nor in front of the building line
of the dwelling on the land.
No lot shall be further subdivided unless a 55 metre diameter
circle can be fully enclosed within each now proposed lot. Areas
subject to a right of way cannot be included in the 55 metre
all the lots within the Vendors subdivision have been built
upon the Vendor shall not be responsible for administration
of or compliance with these covenants.
there should be any breach of non-observance of any of the foregoing
covenants and without prejudice to any liability which the Purchaser
may have to any person having the benefit of this covenant,
should the Purchaser not rectify the breach of non-observance
of any of the foregoing covenants within 15 working days of
the written demand being made by the Vendor or any of the registered
proprietors of the Lots, then the Purchaser will:
the person making such demands as liquidated damages the sum
of $200 per day for every day that such breach or non-observance
continues after the date upon which written demand had been
made together with any costs and expenses incurred by the Vendor
or any registered proprietor to remedy the breach of non-observance;
b) Remove or cause to
be removed from the land any secondhand or used dwelling house,
garage, carport building or other structure erected or placed
on the land in breach of non-observance of the foregoing covenants;
c) Cease any activity
in breach of those covenants.
covenants contained in this clause shall run with the land and
shall be at the discretion of the Vendor incorporated in any
Memorandum of Transfer to the Purchaser executed pursuant to
the agreement or in the alternative the covenants may be added
to the title to each lot by the Vendor, prior to the title date
AND THE PURCHASER DOTH HEREBY COVENANT with
the Vendor that if the Purchaser shall transfer, assign or otherwise
dispose of his interest in the land then he shall make transfer,
assignment or disposition subject to the provisions of this
clause and shall procure from the transferee or assignee a Deed
of Covenant in favour of the Vendor whereby such Purchaser or
assignee undertakes to fulfill the Purchaser’s obligations
under this clause.