Buying or Selling Real Property
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Traps in the Local Laws

Whether buying or selling real property, remember it should be unencumbered. Nobody else should have or be capable of having any claim or power over the property. Most frequently there are no problems. If a Buyer is made aware of an encumbrance by a disclosure in the Sale Contract then also usually no problems arise, for example an easement to provide access to a neighbour's property or perhaps to the Council in respect of drains etc.

Services, eg electricity, gas, telephone, water supply, sewerage and drainage, that access your property through, under or over other land are a problem if without an easement. Cable TV now also.

Disputes with neighbours over a fence can be a problem.

A matter which is frequently overlooked also is compliance with Council Local Laws. If work has been done upon a home, or an outbuilding erected, almost certainly there will be a Council Local Law controlling the matter.

Reputable builders will advise when Council permits are required - but if the matter is not raised, check it out for yourself remembering that you are ultimately responsible. And there are a lot of owner-builders and handyman types out there. The most frequently overlooked matters include pergolas, lawnlockers, garden sheds, swimming pools, pool fences and sewerage connections.

If a permit is required and has not been obtained, the Council can require works to be done or to be undone. And it doesn't matter who did the work to start with. The owner for the time being must comply with the Council's requirements.

And building standards have changed. What may have been good building practice 20 years ago, now may not be acceptable. Expensive works may be required in order to achieve the necessary permit.

Buyers of real property will be alerted to these problems by their Solicitor and ever increasingly, Buyers are taking advantage of inspection services now available to advise on the compliance with building standards.

Make sure you don't get caught - consult me before buying or selling real property.