debex replied to the topic Development approval ownership. in the forum Commercial Property 15 years, 1 month ago
mattnz wrote:
I'm not an expert, but if there was nothing in writing stating that if you didn't exercise your option to buy, that the owner would pay your costs, I don't think you have a case. It would be like entering into a long settlement contract to buy an old run down house, spending money to improve the value of it, but if you never…[Read more]debex replied to the topic Development approval ownership. in the forum Commercial Property 15 years, 1 month ago
mattnz wrote:
What are you hoping to get out of it, if you don't own the land? Are you just trying to stop the owner doing what you had planned to do?Hi Mattnz,I would at least like to be able to sell the D.A. and recoup some of the costs incurred. It was an expensive exercise and the contract was only exchanged at the agreed price because…[Read more]
debex replied to the topic Development approval ownership. in the forum Commercial Property 15 years, 1 month ago
debex wrote:
Terryw wrote:
or maybe the copyright to the plans would remain with the draftsman.Thanks again Terry. I appreciate your views, but as you can see there seems to be a gazillion opinions but no legal ruling as such. It's very confusing.Regards, Debex
P.S. This is a land subdivision. Sorry I didn't mention it.
debex replied to the topic Development approval ownership. in the forum Commercial Property 15 years, 1 month ago
Terryw wrote:
or maybe the copyright to the plans would remain with the draftsman.Thanks again Terry. I appreciate your views, but as you can see there seems to be a gazillion opinions but no legal ruling as such. It's very confusing.Regards, Debex
debex replied to the topic Development approval ownership. in the forum Commercial Property 15 years, 1 month ago
Scott No Mates wrote:
I'd agree with Terry, the vendor has signed the DA, the DA relates to a specific site and cannot be separated from that site. As you have done the hard work, it is your risk that if you can't settle you don't get any benefit (unless you have a claw-back clause[/quote] Thanks Scott No Mates. I would like to know if there…[Read more]debex replied to the topic Development approval ownership. in the forum Commercial Property 15 years, 1 month ago
Terryw wrote:
I think it belongs with the land. So the new owner will be able to proceed with it. But, you may retain the copyright to any specific plans or designs etc.[/TThanks Terry, but I am still not convinced due to lack of a signed agreement attached to the contract of sale.