NOTICE PURSUANT TO SECTION 81D OF THE REAL PROPERTY ACT 1900 ('ACT') APPLICATION TO EXTINGUISH OBSOLETE RESTRICTIVE COVENANTS (AU305493) BY MANOJ KUMAR RUHIL AND MONIA RUHIL (‘APPLICANTS’)
The above mentioned Application has been made under Section 81A of the Act to cancel the recording of restrictive covenants contained in clauses (a) and (b) of the Restriction numbered 3 in the Section 88B Instrument in Registered Plan No. DP239648 (‘Restrictive Covenants’).
The Applicants are applying to have the Restrictive Covenants extinguished on the basis that they:
(i) are building materials covenants;
(ii) have been in effect for more than 12 years; and
(iii) are the type of covenant likely to lose any practical value after 12 years of operation.
The Restrictive Covenants sought to be cancelled:
1. affects the land in Folio Identifier 31/239648 being 136 Ellam Drive, Seven Hills NSW owned by the Applicants; and
2. benefits the land in Folio Identifiers 1/239648, 2-3/553759 (inclusive), 4-30/239648 (inclusive), 32-49/239648 (inclusive), 501-502/852513 (inclusive), 1/562528, 1/592053, 52-57/239648 (inclusive), 1-4/246513 (inclusive) and 59/239648. The above lots (except for 59/239648) include properties that either:
- are bounded by Blacktown Road, Mitumba Road and Zermatt Avenue; or
- have a frontage to Zermatt Avenue, Ebal Place, Mitumba Road, Blacktown Road and Ellam Drive.
We intend to register the Application and extinguish the recording of the Restrictive Covenants from Folio Identifier 31/239648 unless, within one (1) month from the date of this notice you lodge at this Office, pursuant to section 74F(4B) of the Act, a caveat on form 08X prohibiting the granting of the Application, accompanied by the prescribed fee (currently $171.70). Enquiries: AU305493 KWS LEG10, Tel: (02) 8776 ... Email: ldr@nswlrs.com.au
Dated: 06 Nov 2024
Seven Hills 2147
