Hi All
Just been down to the local Waterboard to pay augmentation fees & was told my sub-division has a 2 meter wide ‘unregistered easement’ cutting diagonally across the front of it.
According to the Waterboard rep Victorian law does not require Waterboard easements be shown on titles.
This will not affect my plans too much, only because the house plans are not done yet.
Otherwise l would be out $500 for plans l could not use.And Yes, l am wondering why l have paid my civil engineer $2000 and not been told this before now.
[angry2][angry2][angry2]The trap as always is ‘Not knowing what you don’t know’
Steve
that sounds like a strange ruling to me.
So what you are now telling us all is that we should be asking for all unregistered easements on all properties we are considering to purchase.
Byronent
Adelaide SAl agree Byronment!!
It would seem you need to be asking to see a copy of the Waterboards Water Asset Location plan for that street or block.
Neither the original title or the new survey for the 2 new titles identify this sewer easement.
However the surveyor has included the new drainage easement requested by Council.As l said it is a rude surprise, l will be asking a couple of pointed questions on Monday.
Am l paying Good money for Bad advice??
Steve
What is to stop them adding an easement anytime they feel like.
Byronent
Adelaide SAThe real estate agents we have dealt with in SA have been telling us about easements on the properties we have looked at/bought.
Diane
me an ignornant sod, what’s an Easement?
Success is 1% inspiration and 99% perspiration.
Scremin,
I was going to explain it, but this is more complete.
http://www.somersoft.com/forums/showthread.php?t=8945&highlight=easement
James
Thanks woodsman. Makes total sense now.
Really, the agent or previous owner has an obligation to tell you about the easement don’t they?
I wonder what the repurcussions would be if they didn’t? Would there be any? Or would that be considered part of your due diligence?
Steph
The easement should be clearly shown on the title drawings and would be visible, however, I have heard of circumstances where they are not, so I would suspect the missing information is where your solicitors earn their money.
In Victoria at least, it would be included in the vendor’s statement, which includes copy of title, planning information, details of existing mortgages, outgoings, building restrictions, building permits, any other agreements.
My understanding is that there is inaccurate or insufficient information a buyer may be able to withdraw from the sale or take legal action.
Stieglitz v. Prestolite Battery Division (1980) OHC
· P’s search disclosed vendor’s title subject to unregistered easement
· held that appropriate test not whether defect patent or latent but whether purchaser faced with acceptance of property materially different than bargained for
· purchaser entitled to rescindJames
Hi Steve,
Your architect/draftsperson should have ordered a site survey prior to drawing their plans. A surveyor probably have picked this up for you.
Unregistered easments are covered in the transfer of land act 1958 No. 6399/1958 S42(2)(f) for anyone that is interested.
Regards
Alistair
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