A Proven System to Achieve the Best Price for Your Property - Stress
Free by the Experts

        
  Free Course for Sellers
        Guide to Selling your Home
Reading a Contract

Easements
An easement is where a sewer pipe or a power cable, for example, runs across your land to service your requirements as well as your neighbours. If this is the case you should find out which authority is the owner of the easement/s. Where do they cross your property? Will the easement impede your ability to build the garage that you had seen yourself building? If you want to build over an easement you may well be able to build a temporary structure. However, to do so you will have to give guarantees that there will be no cost to the owner of the easement or any hindrance to the owner obtaining access. A carport would be about the extent of the development allowed in this case. You will have to obtain a planning permit and permission prior to commencing the project.

Flood Plain
Is part of the block that you are considering subject to flooding? The title with the section 32 papers will have the flood prone area clearly marked on it. How often and for how long is the area under water? You should find out what the average flood level is and what the 100 year high level of the flood was and when it last occurred. Find out if the house has ever been flooded or threatened by high water.

Boundaries
Where are the true block boundary lines? Is the fence properly placed within the lot? Will there be room to build a deck or addition to the house later on? You can have a surveyor check all the above for you, but one thing is clear -  if the boundaries are in the incorrect spot, for example the fence is not on the true line, then you will have an adverse possession claim if the property in question has been in yours or the previous owners control for more than 15 years. This can cause all sorts of problems as while your property is under adverse possession claim you cannot deal with your title until it has been settled. Often this will be a straightforward proposition if both property owners agree to the adjustment to the title. However, property is a funny thing and people are decidedly disinclined to let it go without a fight.

You may have to do a little extra research to answer some of the questions that will be raised. However, they are vital questions and vastly effect the value of property. You may think that you could build onto a house with a huge backyard but will be surprised when the Council says "no" because of a flood line you were unaware of. The devil is in the detail. Ensure you have a solicitor check everything.




T  E  S  T  I  M  O  N  I  A  L  S
 
"Thank you for making the sale of father's estate properties so easy at such a difficult time."
 
"What can we say - an absolutely fantastic result. You handled all situations professionally, with good humour and a totally positive attitude."
 

© Copyrighted 2007 Seller Solutions | Legal Information