• An encumbrance is a restriction that is lodged against a title and can stay for either a fixed period or indefinitely.
• An encumbrance in favour of the developer often appears against the title of the newly developed land.
• Many encumbrances are very commonly used for legally maintaining a uniformity within –
  • Land estates
  • New developments

as they help maintain consistency with certain types of developments, which may be crucial for a developer and any ongoing obligations they may have with relevant Councils etc.

• Whilst some encumbrances continue to run with the land regardless of any change of ownership, developer encumbrances are lifted (discharged) and then replaced on the new title to ensure its continuity. The outgoing proprietor bears the cost of lifting and the incoming proprietor bears the cost of replacing it.
• This ensures that the new proprietor abides by the covenant.

• We know that arranging and facilitating lift and replace encumbrances can turn into a headache for developers.
• This is where Encumbrance Management come in! We are the first point of contact for the outgoing proprietors and the incoming proprietors who seek consent from the developer before preparation of any lift and replace documentation can commence.
• We take on the role of the Encumbrancee, acting as agent for the developer.
• We take that onerous burden away from developers, so that they can concentrate on moving onto their next project.

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• Once you have provided confirmation that you wish for Encumbrance Management to manage your encumbrances, our dedicated team will organise for the encumbrance to be prepared and ready for lodgement prior to the settlement date or signing of contacts.

• Encumbrance Management do not handle any required approvals and/or enquires related to development matters to the land or development under the covenants encumbrance.