The onus is on the applicant to ensure that the agreement is registered on time with Victoria Country. Help them plan for the future, because the agreement requires certain things to happen in the countryside instead of limiting them. This can be more effective than granting an authorization, because an authorization can only give permission for something, it is not necessary for something to happen in the future. The agreement may also contain more details than an authorization. Let them be creative about how the country is developed and for what. The agreement may contain many things that are not necessarily possible in normal alliances or authorizations. It is working towards the future and is hiring new owners of the land. This goes beyond the scope of most authorizations. Residential property gives people a lot of security, but doesn`t mean they can do whatever they want on their property. In Victoria, Section 173 of the Planning and Environment Act 1987 authorizes a local council and landowner to enter into an agreement limiting the use of the land. These, commonly referred to as Section 173 agreements, may prevent surfaces from being subdivided, used for staggered developments, or may require the maintenance of certain soil characteristics. Provey Conveyancing helps many clients review Section 173 agreements, Section 173 contract withdrawals and other contract review work.
The terms and conditions in an agreement bind all current and future landowners and occupiers until a particular event occurs or a certain period ends. This agreement provides for permanent restrictions or permanent requirements for the use or development of the land. Once the contract is registered, anyone who searches the property, as a potential buyer, will be able to see it. When purchasing the land, the new owners are also bound by the terms of the contract, even if their names are not included in the contract. Anyone who occupies the country will also be bound by the s173 agreement. The Commission must ask the Registrar of Titles to record a property agreement pursuant to Section 173. Before the contract can be registered, anyone who has given a mortgage on the country must also accept that it is registered. This may include a bank or financial institution. Section 173 of the agreements is usually concluded between a city council and the landowner. Therefore, if you wish to develop a property in Box Hill, you may be invited to enter into an Agreement under Section 173 with the City of Whitehorse. If you want to divide the land in Portsea, the deal with the Mornington Peninsula Shire would be.
A lawyer will be able to assist in the development and negotiation of the terms of the agreement as well as in the verification process with VCAT, if any. A council may also enter into a s173 agreement with someone who may own the country in the future. This will allow the Council to make future planning decisions, but the agreement will not limit the current owners of the land. It is also important to note that a Section 173 agreement on the title of the land concerned can be registered. This means that it is not only the landowners and current occupants who are bound by the agreement, but also the future landowners and occupants. For example, an agreement may prohibit the development of a given land for residential purposes, now and for a specified period of time. An agreement under Section 173 must be reached if requested by the Commission.
