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  • Writer's pictureThe Kaplan Team

THOUGHT OF THE WEEK Restrictive property conditions

Whether as the buyer or seller of a property, one is seldom aware of all the conditions contained in that property’s registered Title Deed. This is usually because where a property is bonded, prospective purchasers never see the Title Deed, as the original is retained by the mortgage bank.

Purchasers are often disappointed when they wish to improve, alter or renovate their properties, and they find that the Title Deed restrictions and conditions prohibit them from doing so, or they can do so but only after lengthy further applications. Zoning and other provisions may also further limit development options.

To avoid such frustration, contact your Kaplan Blumberg conveyancer before submitting an Offer to Purchase to a seller. The conveyancer will be able to obtain a copy of the Title Deed from the Deed Office and advise you on any restrictive conditions that may affect your future plans.

Contact our professionals for assistance.

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This article is not intended to constitute legal advice and is produced for information purposes only and to provide a general understanding of the legal position relating to the topic. It is recommended that advice relating to the specific circumstances of your situation be sought from our attorneys before acting upon the content of this article. This article was written at a particular point in time and accordingly may not always reflect the most recent legal developments, if any, applicable to the relevant topic. Kaplan Blumberg and its partners and/or employees, are not responsible for any consequences which may follow upon any decision taken to act upon the information provided in this article.

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