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Rules to Live By
Your house and yard are yours to enjoy and modify within the guidelines of the municipal corporation and the restrictive covenants which affect your property.
The Restrictive Covenants
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Restrictive covenants are binding agreements that limit the use of a property. The covenants may for example, state the type of structure that may be placed on the property, or define the distance between the boundary and the house. Restrictive covenants are noted on the property title or set out in resolutions passed by your municipal corporation in relation to your scheme.
Any expansion or change you make to the property must be done in compliance with the restrictive covenants and with the approval of your municipal corporation. A breach of the covenants may:
break your mortgage agreement with the NHT, which may lead to the Trust recalling the loan
affect your ability to sell your property as prospective homebuyers cannot access financing to buy properties which are in breach
cause you to incur additional expenses to correct breaches before you can sell the property
affect the appearance and functioning of the entire development, making it a less desirable place to live, or
result in an order for demolition by the municipal corporation.
Your Boundaries
The boundaries to your property are typically marked by short steel pegs, driven deep into the corners of the lot. These boundary pegs were placed there by a commissioned land surveyor and should not be removed. If the pegs are removed, you the homeowner, should engage the services of a commissioned land surveyor to replace the pegs at your own cost.
Encroachment
Any extension, whether a fence or building, outside of the boundary line of your property is an encroachment. Usually an encroachment is corrected either by purchasing the section of land on which the encroachment has taken place, or demolishing the section of the construction that has caused the encroachment.