NOTICE PURSUANT TO SECTION 81D OF THE REAL PROPERTY ACT 1900 ('ACT') APPLICATION TO EXTINGUISH OBSOLETE RESTRICTIVE COVENANT (AU656316) BY WUSTY INVESTMENTS PTY LTD
The abovementioned Application has been made under Section 81A of the Act to cancel the recording of the covenants in clauses 3(a), (b), (e), (f), (g), (h) and (k) of the DP855902 Section 88B instrument (‘Restrictive Covenants’).
The Applicant is applying to have the Restrictive Covenants extinguished on the basis that they:
(i) are building materials covenants (paragraphs 3(a), (b), (e), (f)) and fencing covenants (paragraphs 3(g), (h) and (k));
(ii) have been in effect for more than 12 years; and
(iii) are types of covenant likely to lose any practical value after 12 years of operation.
The Restrictive Covenants sought to be cancelled:
1. affect the land in Folio Identifier 521/1274763 being 21 Warabrook Boulevard, Warabrook, NSW owned by the Applicant; and
2. benefit the land in Folio Identifiers:
a. 1/855902, being 6 Angophora Drive, Warabrook, NSW; and
b. 1-18/285787 (inclusive), being 1-18/4 Angophora Drive (inclusive), Warabrook, NSW
We intend to register the Application and extinguish the recording of the Restrictive Covenant from Folio Identifier 521/1274763 unless, within one (1) month from the date of publication of this notice, a caveat is lodged with NSW LRS pursuant to section 74F(4B) of the Act prohibiting the granting of the Application, accompanied by the prescribed fee (currently $171.70).
Enquiries may be made by email to ldr@nswlrs.com.au, quoting reference number AU656316:BTB:LEG7.
Warabrook 2304
