This page covers some information about our block of land in Samford Valley, north-west of Brisbane.
One Sunday in May 2010 we were sitting around bored in our tiny little one-bedroom ~50 sqm Mitchelton apartment and decided to go for a casual drive through Dayboro and up Mount Mee. We drove past some amazing acreage blocks being advertised for an affordable price. It was a very inspirational drive, as we pretty much decided right then and there that we wanted to live somewhere like that. As soon as we got home we were all over realestate.com.au looking for acreage blocks out in that direction, but as we both work in Brisbane, we started looking a little closer. We found a 7 acre block in the Samford Valley with a lot of bushland, checked it out a couple nights later in person, and by the Saturday, six days since our lovely Sunday drive, we had signed the contract.
The price was great, we paid the same amount the previous owner had purchased it for three years earlier. That also made us a little suspicious, and we made sure to put in a Due Diligence clause into our contract so we could investigate as much as we could. We didn’t find any problems with the council, and had a good idea of what we were getting ourselves into with the type of block that it was.
RESIDENTIAL ENHANCEMENT COVENANTS
The buyer acknowledges that the land purchased forms part of
an environmentally sensitive rural residential subdivision, the object of which
is to ensure that the environment is protected and that an attractive standard
of housing, in keeping with the rural environment, is achieved. The object is
to maintain a characteristically “rural residential look” and buildings should
be of either Colonial and/or Traditional Queenslander style, blending in with
the environment. If, in the Purchaser’s opinion, the objective may be achieved
by a different method, the Vendor may, at its discretion, vary these
guidelines. Any variation must be in writing and signed by the Vendor.
In recognition of the desirability of this objective, the
Purchaser agrees to be bound by the following covenants and will not sell,
transfer, or otherwise dispose of the land purchased without first delivering
to the Vendors a Deed of Covenant given by the Purchaser, Transferee or
Disponee in favour of the Vendors containing covenants on the same terms as
those set out in these Residential Enhancement Covenants, including the
obligation to obtain such a Deed of Covenant from any further buyer, transferee
or disponee. The covenants are:
1. USE OF LAND
The land shall be used as a site for single unit private
2. HOUSE CONSTRUCTION
(a) The purchaser shall prior to submitting any plans to the
Shire Council, submit to the Vendor plans for its approval.
in the event that the Purchaser seeks to erect any improvement on the Lot not
in accordance with the provisions of these covenants in any respect whatsoever,
and requires the Vendor’s relaxation as herein after referred to, then the
Purchaser will produce to the Vendor before commencing construction, plans and
specifications for each proposed residential dwelling house, for any proposed
extension or alteration any dwelling house already created on the lot, or any
carport, for the Vendor’s approval prior to such plans and specifications being
produced to the Local Authority for its consent, provided that no such approval
shall be unreasonably or arbitrarily Withheld. The Vendor agrees to consider
and either reject or approve with or without conditions within 14 days after
such production by the Purchaser to the Vendor. Any extensions and/or additions
also require the consent of the Vendor. These structures include patios,
verandahs, swimming pools, outbuildings, garages, stables, dams or any other
(b) The Vendors may grant or refuse such approval, or grant
such approval subject to such conditions as the Vendors may determine in their
absolute discretion. Unless otherwise advised in writing by the Vendors, all
app1ication,s dealings and approvals required under these Residential
Enhancement Covenants shall be dealt with at no charge to the Purchaser by the
(c) The design of the buildings and structures must:
(i) respect the climate of the area, with the provision of
eaves and other shading amenity devices, and (ii) reflect the rural lifestyle
of the area and be in keeping with Queensland housing vernacular, i.e. open
housing style with significant areas of glass and windows, verandahs and
outdoor living areas.
(d) The external wall colour scheme shall complement the
natural rural environment and landscape of the development.
(e) The colour scheme of the roof shall be such of green,
cream, red, beige or grey as to complement the colour scheme of other roofs in
(f) Building material must:
(i) complement the natural environment and landscaping, and
(ii) not comprise any second hand materials unless consented by the Vendors.
(g) Unfinished block work will not be permitted.
(h) Relocated buildings may be permitted only if those
buildings meet all of the criteria included in these Residential Enhancement Covenants.
(i) Wherever practicable, views from existing dwellings must
not be greatly impaired by the construction of the dwelling on the Allotment.
In many cases this will involve careful siting of the dwelling in order to
achieve this. Assistance may be obtained from the Vendors agent in this regard
while the architectural site evaluation of the Allotment identifies the best
position for the location of the dwelling so as to take advantage of existing
views of the Allotment. In addition, the dwelling must present an acceptable
view to dwellings on other allotments in the Estate.
(j) Fencing styles must complement building designs.
(k) Driveways within the lot shall be gravelled, paved,
sealed or constructed with materials approved by the Vendors.
(1) House numbers and name plaques shall not exceed 150 mm
(m) The design of house numbers and plaques is to be
harmonious with the design of the building.
The Vendor acknowledges that new products designed as
substitutes or alternatives for the various materials listed herein will be
marketed from time to time and provided these products, in its opinion, are not
inconsistent with the aims of the covenant, they will at the absolute and sole
discretion of the Vendor, be acceptable. The Purchaser acknowledges that the
lot has or may have a nominated building site and if not suitable, it is the
responsibility of the Purchaser to lodge an application together with fees to
the Council for a preferred location.
3. CARE AND MAINTENANCE OF ALLOTMIENT OBLIGATIONS
From the date of purchase of the Allotment and until the
works are completed the Purchaser shall:~
(i) keep the lot clear of excessive weeds by slashing (ii)
maintain the lot in an acceptable state and free of rubbish or garbage
(iii) not dump, store, or leave on the lot any spoil,
building or other materials’
(iv) ensure that the appropriate industrial style Waste bin
is provided to the lot during the period the works are being undertaken.
4. HEAVY MOTOR VEHICLES
Trucks over 4 tonnes, tractors and backhoes are permitted,
so long as they are parked or stored in an appropriate building structure and
are not visible from public view, unless the trucks, tractors or backhoes are
being used for the purpose of construction of the dwelling or other improvement
on the lot. ‘ ‘
5. ENVIRONMENTAL PROTECTION
(a) The Purchaser shall not, except where it is necessary
for the purposes of building or access or for the purposes of safety:-
(i) fell, lop, cut or prune vegetation
(ii) destroy or remove endemic plants of any type (iii) eats
must have a bell on
(iv) use or disturb felled timber or forest litter
(v) kill or disturb any native animal.
(b) The Vendors disclose that the Vendors have, pursuant to
of the Land Subdivision Permit issued by the Pine Rivers
Shire Council, revegetated the main gullies in the Development to the extent of
15 metres on each side of the centre of the gullies. The Purchaser shall not
clear within the revegetated areas outside road embankments, except with the
express written permission of the Manager, Environmental Services of the Local
The Vendors disclose that the Land Subdivision Permit issued
to them by the Local Authority provides as follows:
“F or the purposes of construction of dwellings and
associated structures (including water tanks), heights of embankments created
by cut and fill earthworks shall be limited as follows:
(i) cut embankments shall have a maximum vertical height of
1.5 111 (ii) fill embankments shall have a maximum vertical height of l m.
The Manager, Building Services, may approve greater heights
of cut and fill earthworks, providing that the owner supplies details of
practical methods to permanently retain/stabilise such earthworks. The proposed
stabilisation methods must satisfy the reasonable requirements of this officer.
The Manager, Building Services, shall make approved measures a condition of any
relevant building approval”.
Trail Bikes are not permitted to be used within the
No signs or advertisements of any nature shall be placed or
erected on the lot. This covenant does not apply to the placement or erection
of “For Sale” signs limited in number to 2.
(a) The Vendor reserves the right to vary or exclude any of
the obligations under these covenants provided that such action will only be
taken in keeping with the Vendor’s aims to establish an environmentally
sensitive rural residential development.
(b) The Purchaser absolves the Vendors from any liability
whatsoever for any action taken in the variation or exclusion of any covenants.
The Purchaser grants the Vendors the right to remedy any breaches of these
covenants and authorises the Vendors to enter onto the land to remove any
structure or article contravening these covenants. or to perform any other
works necessary to comply with these covenants and agrees to pay the costs of
any works so carried out, including any costs of storage or disposal.
(c) It is agreed that the Vendors shall be under no
obligation to impose any of the obligations under these covenants upon the
buyer of any other lot in the Development and may do so in their sole
discretion and that it is not intended that the terms of these covenants may be
enforced by or for the benefit of any part other than the Vendors.
Since the building envelope is over 100 metres away and Daniel’s father is a licensed electrician, he offered to set up the meter box and run three phase power up to the site. This saved us a lot of money, but also meant the two of us, a friend of ours, and Daniel’s mother had to do a lot of digging and cable pulling!
An excavator helped dig out a fair chunk of it, but between the green power box and the meter box it was all by hand, and we replaced the excavated earth by hand too. Lauren got heat stroke at one point, and Daniel clicked two of those orange conduits together onto his fingers. Daniel’s dad just thought we were slackers!
“A series of floods hit Australia, beginning in December 2010, primarily in the state of Queensland including its capital city, Brisbane. The floods forced the evacuation of thousands of people from towns and cities. At least 70 towns and over 200,000 people were affected. Damage initially was estimated at around A$1 billion. The estimated reduction in Australia’s GDP is about A$30 billion.”
The block was certainly affected. A massive amount of water came down the mountain and went straight through our block, right near the building area, destroyed the driveway, and flooded a neighbours house. It was pretty devastating to see, but we knew we could deal with it, and we are glad we saw what could happen before we built a house.
So we had to get an excavator in to fix the drainage line that caused all this mess, and repair all the gaping holes and erosion. When the excavation started the water was still coming down and slowly eroding the soil, it was such a relief to see the water trickling down in another direction and the water flow into the wrong areas coming to a halt. The house pad is now well protected and the erosion problems have stopped.
We’ve had another big rain in the summer of 2012 where a lot of water came down the mountain, and the neighbours have reported that the job done to redirect the water has worked well! Oh, and after a big rain the water trickles along the drainage line, and you can hear it from right about where our en suite bathtub will be. 😛