Positive Covenant & Restriction: Understanding Property Requirements

A Positive Covenant & Restriction can play an important role in managing certain rights, responsibilities and development requirements associated with land. Property owners and developers should understand these matters when planning subdivision and property development projects.

What Is a Positive Covenant?

A positive covenant is an obligation associated with land that can require an owner to carry out a particular action or maintain something on the property.

Depending on the circumstances, a positive covenant may relate to matters such as maintenance, drainage, access or other property requirements.

Because covenants can have ongoing implications, professional advice should be obtained when dealing with them.

What Is a Restriction?

A restriction can limit how land may be used or developed. Restrictions may be created as part of a property development or subdivision and can establish requirements that future owners need to consider.

A Positive Covenant & Restriction may therefore affect future development decisions and should be reviewed carefully before purchasing or developing property.

Why Are They Important in Subdivision?

During subdivision, new lots may require particular arrangements to manage access, drainage, services, maintenance or development conditions.

Surveyors can assist with the surveying and documentation aspects of these arrangements. Depending on the project, relevant instruments may be prepared alongside subdivision plans.

Understanding these requirements early can help property owners avoid unexpected complications later.

Role of an 88B Instrument

An 88B Instrument can be used in New South Wales subdivision matters to record certain easements, restrictions and positive covenants affecting land.

The instrument can work with the relevant subdivision documentation and identify specific property rights or obligations.

The requirements will depend on the individual project, so professional surveying and legal advice may be appropriate.

Positive Covenant & Restriction for Property Owners

Property owners should consider existing covenants and restrictions before undertaking significant changes to their property. These matters may influence proposed development, construction or future use.

A professional surveyor can help identify relevant surveying information and explain the documentation associated with the development process, while legal interpretation should be obtained from an appropriately qualified legal professional.

Professional Surveying Support in Sydney

Geo Point Surveyors provides surveying services for subdivision and property development projects across Sydney. The team can assist with subdivision plans, boundary surveys, site surveys and documentation associated with property development.

If your project involves a Positive Covenant & Restriction, early consultation with the appropriate professionals can help clarify the technical and documentation requirements.

Contact Geo Point Surveyors

For professional surveying assistance with subdivision or development matters, contact Geo Point Surveyors.

Geo Point Surveyors
Email: admin@geopointsurveyors.com.au
Phone: +61 455 255 636
Website: https://geopointsurveyors.com.au/

Understanding a Positive Covenant & Restriction before progressing with property development can help owners make better-informed decisions. Geo Point Surveyors can assist with the surveying components of your project and help you understand what information and documentation may be required.

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