Section 173 Agreement Removal


More than 3,000 properties in the Shire of Nillumbik have an agreement in accordance with Section 173, which is registered on the title. It is therefore important for landowners (and their representatives) to know whether or not a Section 173 agreement infringes their property and, if so, they understand their obligations under the agreement. Independent legal advice may be required to achieve a full understanding of the Section 173 Agreement. Some section 173 agreements offer landowners the opportunity to obtain the Council`s agreement to modify some of the requirements of the agreement. This possibility is generally provided for in the agreement by the use of the phrase “except with the prior written consent of the Council”. It may be necessary to obtain independent legal advice to confirm that this possibility applies to the Section 173 agreement that applies to your country. If your agreement provides for this possibility, landowners have the option of filing an application for approval that the Commission refers to as “different consent.” A request form for other consents is attached to the consultation sheet. ** In accordance with Section 178E of the Act, the competent authority may decide to amend or terminate the Agreement in accordance with the Proposal; to amend or terminate the agreement which is not materially different from the proposal; or refuse to modify or terminate the Agreement. Once the agreement is registered, anyone who searches the property, such as a potential buyer, can see it. When they buy the land, the new owners are also bound by the terms of the contract, even if their names are not on the contract. Anyone occupying the country is also bound by agreement s173.

The Council shall request the Registrar of Titles to register an agreement on the title in accordance with Section 173. Before the contract can be registered, anyone who has granted a mortgage on the country must also agree to it being registered. It can be a bank or a financial institution. This means that if you do not agree with the terms of the agreement, you must make a request to the Council. Several boards may have different procedures for making amendments to section 173 agreements. If you plan to buy land, it is important to check that 173 agreements are registered on the title. This way, you can see what the restrictions are before you buy. This agreement provides for permanent restrictions or ongoing requirements regarding the use or development of the country. While anyone can draw up a contract, an agreement under section 173 of the Planning and Environment Act 1987 makes it so unique that it can be recorded on the campaign title. .

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