Real property

1) Monique was the registered proprietor of an estate in fee simple in Blacktown. In April 1971, Monique subdivided her land into 6 lots. The development was registered under s88B of the Conveyancing Act 1919. Each of the lots was subject to the following covenant:

“that any building erected on the land shall be a dwelling with brick external walls which shall not be roughcast but may be cement covered”

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This covenant was referred to in all the advertisements and prominently displayed on the plan of subdivision.

All the covenants were stated to benefit and burden each and every lot. The lots were all sold and the transfer of each lot was made subject to the above mentioned covenant. All the lots were sold at auction. Lot 1 was the last to sell.

None of the original purchasers own the lots. Celine, the current owner of Lot 3, wants to cover the “ugly red bricks” and intends to render the walls of her dwelling with course plaster with pebble trimming. She has been inspired by all the British police dramas she sees on the telly. The current owner of lot 1, Ralph, is not thrilled about this as he worries about the aesthetics of the neighborhood.

a. Ralph has now come to you for advice. Can Ralph enforce the covenant against the owner of Lot 3, Celine?

b. Would your answer differ if Monique subdivided the land in 1960, instead? Give reasons for your answer.

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