QLD Easement Added After Signing Contract

Discussion in 'Property Law Forum' started by Benspak, 7 February 2019.

  1. Benspak

    Benspak Member

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    Recently I purchased a block of land. When we signed the contract, there was no easement written into the contract. After we signed and had a copy of the contract given to us once signed by the managing partner of the building company, we noticed that the sales agent had written an easement burdening our land. I brought this up with the managing partner of the building company and was brushed off. We have since settled the purchase, however I am now wondering whether we should be entitled to compensation of some sort?
     
  2. Rod

    Rod Well-Known Member
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    Possibly. Your conveyancing lawyer should be the one advising you.
     
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  3. Rob Legat - SBPL

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    If you’ve settled the contract, then no. Your remedy for a failure by the seller to disclose the encumbrance prior to your execution is to be able to terminate the contract up to and including the date of settlement. Once you’ve completed the contract, your rights to terminate are gone and you’ve been deemed to accept the property and all registered encumbrances.

    Did you use a solicitor to do the conveyance? And did you raise the issue with them. They should have advised you about the easement and the ramifications of it. A failure to do so is against the Queensland conveyancing protocol, and possibly likely to amount to either unsatisfactory professional conduct or even professional misconduct, depending on the circumstances. I’d suggest you approach them for an explanation.
     
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  4. Rod

    Rod Well-Known Member
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    The real estate agent may also be responsible under the ACL. So while the poster may not have an action against the vendor, he may have an action against the agent.
     
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  5. Tripe

    Tripe Well-Known Member

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    I’m guessing it’s a carriageway easment? On a typical block in a surburban estate.


    Check the schedules on your certificate of title for your block and see if it is burdened with an easment .
     
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