Common use of Land Covenants Clause in Contracts

Land Covenants. 2.1 No Improvements shall be commenced or erected or permitted to be erected commenced or erected on any of the Lots except where: a. Plans for the Improvements have been submitted to Evergreen Management Limited (Evergreen Management) and the prior consent in writing of Evergreen Management obtained to such plans and the situation of the Improvements on the Lot concerned; and b. the Improvements are constructed erected and situated in accordance with the plans and situation approved by Evergreen Management or in such other manner as Evergreen Management shall approve in writing. The approval of Evergreen Management is required for aesthetic purposes only, to ensure a high quality of housing within the subdivision and Evergreen Management will have no input or liability in relation to the construction of the Improvements. 2.2 Full landscaping plans must be submitted to Evergreen Management for approval by the registered owners of each Lot and the consent in writing of Evergreen Management obtained to such plans no later than six months after the completion of the dwelling on each Lot and prior to undertaking any landscaping work on the Lot. Such landscaping plans are to encompass sufficient plants, trees and shrubs to enhance the street appeal of the Lot. The landscaping work is to be completed by the registered owner of each Lot no later than twelve months after the completion of the dwelling on the Lot. 2.3 Once the consent or approval of Evergreen Management has been given pursuant to clauses 2.1 and 2.2 in respect of any Lot and the Improvements and landscaping are constructed and sited on that Lot in accordance with the consent or approval, the restrictive covenants contained above shall be extinguished in relation to that Lot to the extent that those clauses need not be complied with in future in respect of any alteration to the Improvements or landscaping or any further dwelling, building or structures erected on the Lot concerned provided that each Lot shall at all times only have one residential dwelling erected on the Lot unless consent for more than one dwelling has been obtained from Evergreen. . 2.4 The registered owner of each Lot covenants to at all times keep and maintain the Lot and any lawn on the road reserve in front of each Lot in a neat and tidy condition to prevent it from becoming unsightly and not to allow any Improvements or landscaping to fall into disrepair. 2.5 No caravan, truck, bus, trailer, boat, machinery or other unsightly object (not including any motor vehicle, small van, or utility truck that is in good working order, repair and appearance) shall be parked or permitted to remain on that part of any Lot that is situated between the dwelling situated on the Lot concerned and the street frontage of such Lot for any material period of time. 2.6 The registered owner of each Lot covenants not to require [owner of land] to contribute towards the cost of erection or repair of any dividing or boundary fence between the Lot and any adjoining land owned by [owner of land], but the benefit of this fencing covenant shall not benefit the transferee of such adjoining land with the exception of the Wellington City Council (Council). 2.7 The registered owner of each Lot adjoining any land vested in or administered, controlled or managed by the Council as reserve under the Reserves Act 1977 from time to time (“Reserve”) covenants that they will pay the costs of erection or repair of any dividing or boundary fence between the Lot and a Reserve and will not seek any contribution from [owner of land] or the Council. 2.8 If there should be any breach or non-observance of any of the foregoing covenants and without prejudice to any other liability which the registered owner of a Lot may have to any person having the benefit of this covenant, should the registered owner of a Lot not rectify the breach or non- observance of any of the foregoing covenants within 15 working days of written notice being made by Evergreen Management then the registered owner in breach will pay to Evergreen Management as liquidated damages the sum of $100 per day for every day that such breach or non-observance continues after the date upon which written demand has been made until the breach is remedied, together with any costs and expenses incurred by Evergreen Management to remedy the breach or non-observance. (a) Evergreen Management shall not be required, nor liable to enforce, nor answerable to the registered owners of the Lots, for the breach or non-observance of any covenants binding the Lots; and (b) [owner of land] shall not be required, nor liable to enforce, nor answerable to the registered owners of the Lots, for the breach or non-observance of any covenants binding the Lots unless [owner of land] is the owner for the time being of the Lot in respect of which there is a breach or non-observance of a covenant in this Covenant Instrument. 2.10 Evergreen Management may in special circumstances grant such exemptions or waivers from any of the covenants in this Covenant Instrument on such terms and subject to such conditions as it deems fit. Any exemption or waiver shall be binding upon all registered owners from time to time of the Lots. Nothing in this Covenant Instrument shall be construed to impose any obligation on Evergreen Management to enforce or grant exemptions or waivers from any of the covenants in this Covenant Instrument and Evergreen Management will not be liable for any decision that it makes or does not make. 2.11 The registered owners of the Lots will keep Evergreen Management indemnified from all proceedings, costs, claims and demands in respect of any breaches by a registered owner of a Lot of any of the stipulations, restrictions and covenants contained in this Covenant Instrument. 2.12 This Covenant Instrument shall be extinguished in relation to any land over which this Covenant Instrument is registered which vests in Council as road or reserve without the need to obtain the consent of the registered owners of the Lots benefiting from this Covenant Instrument or their mortgagees. The Covenant Instrument will be extinguished over the land vesting as road or reserve contemporaneously with the deposit of the plan which vests the land as road or reserve.

Land Covenants. 2.1 No Improvements shall be commenced or erected or permitted to be erected commenced or erected on any of the Lots except where: a. Plans for the Improvements have been submitted to Evergreen Management Limited (Evergreen Management) and the prior consent in writing of Evergreen Management obtained to such plans and the situation of the Improvements on the Lot concerned; and b. the Improvements are constructed erected and situated in accordance with the plans and situation approved by Evergreen Management or in such other manner as Evergreen Management shall approve in writing. The approval of Evergreen Management is required for aesthetic purposes only, to ensure a high quality of housing within the subdivision and Evergreen Management will have no input or liability in relation to the construction of the Improvements. 2.2 Full landscaping plans must be submitted to Evergreen Management for approval by the registered owners of each Lot and the consent in writing of Evergreen Management obtained to such plans no later than six months after the completion of the dwelling on each Lot and prior to undertaking any landscaping work on the Lot. Such landscaping plans are to encompass sufficient plants, trees and shrubs to enhance the street appeal of the Lot. The landscaping work is to be completed by the registered owner of each Lot no later than twelve months after the completion of the dwelling on the Lot.to 2.3 Once the consent or approval of Evergreen Management has been given pursuant to clauses 2.1 and 2.2 in respect of any Lot and the Improvements and landscaping are constructed and sited on that Lot in accordance with the consent or approval, the restrictive covenants contained above shall be extinguished in relation to that Lot to the extent that those clauses need not be complied with in future in respect of any alteration to the Improvements or landscaping or any further dwelling, building or structures erected on the Lot concerned provided that each Lot shall at all times only have one residential dwelling erected on the Lot unless consent for more than one dwelling has been obtained from Evergreen. . 2.4 The registered owner of each Lot covenants to at all times keep and maintain the Lot and any lawn on the road reserve in front of each Lot in a neat and tidy condition to prevent it from becoming unsightly and not to allow any Improvements or landscaping to fall into disrepair. 2.5 No caravan, truck, bus, trailer, boat, machinery or other unsightly object (not including any motor vehicle, small van, or utility truck that is in good working order, repair and appearance) shall be parked or permitted to remain on that part of any Lot that is situated between the dwelling situated on the Lot concerned and the street frontage of such Lot for any material period of time. 2.6 The registered owner of each Lot covenants not to require [owner of land] to contribute towards the cost of erection or repair of any dividing or boundary fence between the Lot and any adjoining land owned by [owner of land], but the benefit of this fencing covenant shall not benefit the transferee of such adjoining land with the exception of the Wellington City Council (Council). 2.7 The registered owner of each Lot adjoining any land vested in or administered, controlled or managed by the Council as reserve under the Reserves Act 1977 from time to time (“Reserve”) covenants that they will pay the costs of erection or repair of any dividing or boundary fence between the Lot and a Reserve and will not seek any contribution from [owner of land] or the Council. 2.8 If there should be any breach or non-observance of any of the foregoing covenants and without prejudice to any other liability which the registered owner of a Lot may have to any person having the benefit of this covenant, should the registered owner of a Lot not rectify the breach or non- observance of any of the foregoing covenants within 15 working days of written notice being made by Evergreen Management then the registered owner in breach will pay to Evergreen Management as liquidated damages the sum of $100 per day for every day that such breach or non-observance continues after the date upon which written demand has been made until the breach is remedied, together with any costs and expenses incurred by Evergreen Management to remedy the breach or non-observance. (a) Evergreen Management shall not be required, nor liable to enforce, nor answerable to the registered owners of the Lots, for the breach or non-observance of any covenants binding the Lots; and (b) [owner of land] shall not be required, nor liable to enforce, nor answerable to the registered owners of the Lots, for the breach or non-observance of any covenants binding the Lots unless [owner of land] is the owner for the time being of the Lot in respect of which there is a breach or non-observance of a covenant in this Covenant Instrument. 2.10 Evergreen Management may in special circumstances grant such exemptions or waivers from any of the covenants in this Covenant Instrument on such terms and subject to such conditions as it deems fit. Any exemption or waiver shall be binding upon all registered owners from time to time of the Lots. Nothing in this Covenant Instrument shall be construed to impose any obligation on Evergreen Management to enforce or grant exemptions or waivers from any of the covenants in this Covenant Instrument and Evergreen Management will not be liable for any decision that it makes or does not make.in 2.11 The registered owners of the Lots will keep Evergreen Management indemnified from all proceedings, costs, claims and demands in respect of any breaches by a registered owner of a Lot of any of the stipulations, restrictions and covenants contained in this Covenant Instrument. 2.12 This Covenant Instrument shall be extinguished in relation to any land over which this Covenant Instrument is registered which vests in Council as road or reserve without the need to obtain the consent of the registered owners of the Lots benefiting from this Covenant Instrument or their mortgagees. The Covenant Instrument will be extinguished over the land vesting as road or reserve contemporaneously with the deposit of the plan which vests the land as road or reserve.

Land Covenants. 2.1 No Improvements shall be commenced or erected or permitted to be erected commenced or erected on any of the Lots except where: a. Plans for the Improvements have been submitted to Evergreen Management Limited (Evergreen Management) and the prior consent in writing of Evergreen Management obtained to such plans and the situation of the Improvements on the Lot concerned; and b. the Improvements are constructed erected and situated in accordance with the plans and situation approved by Evergreen Management or in such other manner as Evergreen Management shall approve in writing. The approval of Evergreen Management is required for aesthetic purposes only, to ensure a high quality of housing within the subdivision and Evergreen Management will have no input or liability in relation to the construction of the Improvements. 2.2 Full landscaping plans must be submitted to Evergreen Management for approval by the registered owners of each Lot and the consent in writing of Evergreen Management obtained to such plans no later than six months after the completion of the dwelling on each Lot and prior to undertaking any landscaping work on the Lot. Such landscaping plans are to encompass sufficient plants, trees and shrubs to enhance the street appeal of the Lot. The landscaping work is to be completed by the registered owner of each Lot no later than twelve months after the completion of the dwelling on the Lot.to 2.3 Once the consent or approval of Evergreen Management has been given pursuant to clauses 2.1 and 2.2 in respect of any Lot and the Improvements and landscaping are constructed and sited on that Lot in accordance with the consent or approval, the restrictive covenants contained above shall be extinguished in relation to that Lot to the extent that those clauses need not be complied with in future in respect of any alteration to the Improvements or landscaping or any further dwelling, building or structures erected on the Lot concerned provided that each Lot shall at all times only have one residential dwelling erected on the Lot unless consent for more than one dwelling has been obtained from Evergreen. . 2.4 The registered owner of each Lot covenants to at all times keep and maintain the Lot and any lawn on the road reserve in front of each Lot in a neat and tidy condition to prevent it from becoming unsightly and not to allow any Improvements or landscaping to fall into disrepair. 2.5 No caravan, truck, bus, trailer, boat, machinery or other unsightly object (not including any motor vehicle, small van, or utility truck that is in good working order, repair and appearance) shall be parked or permitted to remain on that part of any Lot that is situated between the dwelling situated on the Lot concerned and the street frontage of such Lot for any material period of time. 2.6 The registered owner of each Lot covenants not to require [owner of land] to contribute towards the cost of erection or repair of any dividing or boundary fence between the Lot and any adjoining land owned by [owner of land], but the benefit of this fencing covenant shall not benefit the transferee of such adjoining land with the exception of the Wellington City Council (Council). 2.7 The registered owner of each Lot adjoining any land vested in or administered, controlled or managed by the Council as reserve under the Reserves Act 1977 from time to time (“Reserve”) covenants that they will pay the costs of erection or repair of any dividing or boundary fence between the Lot and a Reserve and will not seek any contribution from [owner of land] or the Council. 2.8 If there should be any breach or non-observance of any of the foregoing covenants and without prejudice to any other liability which the registered owner of a Lot may have to any person having the benefit of this covenant, should the registered owner of a Lot not rectify the breach or non- observance of any of the foregoing covenants within 15 working days of written notice being made by Evergreen Management then the registered owner in breach will pay to Evergreen Management as liquidated damages the sum of $100 per day for every day that such breach or non-observance continues after the date upon which written demand has been made until the breach is remedied, together with any costs and expenses incurred by Evergreen Management to remedy the breach or non-observance. (a) Evergreen Management shall not be required, nor liable to enforce, nor answerable to the registered owners of the Lots, for the breach or non-observance of any covenants binding the Lots; and (b) [owner of land] shall not be required, nor liable to enforce, nor answerable to the registered owners of the Lots, for the breach or non-observance of any covenants binding the Lots unless [owner of land] is the owner for the time being of the Lot in respect of which there is a breach or non-observance of a covenant in this Covenant Instrument. 2.10 Evergreen Management may in special circumstances grant such exemptions or waivers from any of the covenants in this Covenant Instrument on such terms and subject to such conditions as it deems fit. Any exemption or waiver shall be binding upon all registered owners from time to time of the Lots. Nothing in this Covenant Instrument shall be construed to impose any obligation on Evergreen Management to enforce or grant exemptions or waivers from any of the covenants in this Covenant Instrument and Evergreen Management will not be liable for any decision that it makes or does not make.in 2.11 The registered owners of the Lots will keep Evergreen Management indemnified from all proceedings, costs, claims and demands in respect of any breaches by a registered owner of a Lot of any of the stipulations, restrictions and covenants contained in this Covenant Instrument. 2.12 This Covenant Instrument shall be extinguished in relation to any land over which this Covenant Instrument is registered which vests in Council as road or reserve without the need to obtain the consent of the registered owners of the Lots benefiting from this Covenant Instrument or their mortgagees. The Covenant Instrument will be extinguished over the land vesting as road or reserve contemporaneously with the deposit approval of the survey plan which vests the land as road or reserveby Land Information New Zealand.