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ARTICLE · 16 MARCH 2020

Land covenants – purchasers and developers, be wary

Most modern subdivisions include land covenants, which are rules that the landowner must abide by when owning the land.

New ZealandReal Estate and Construction

Most modern subdivisions now include land covenants which are registered against the titles. These are effectively rules that the land owner must abide by when owning the land.

Many covenants relate to how and what you can build, with a view to keeping up the value of the subdivision. However, there are also ongoing obligations that can impact on your future use of the land so buyers need to fully understand the nature and potential effect of the covenants.

Mutual covenants

The covenants are mutual which means that each owner in the subdivision must both abide by the covenants and ensure that their neighbour abides by them too. Many land covenants contain a clause providing for liquidated damages (i.e. an amount of money) to be payable for every day you are in breach of the covenants.

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