We are seeking legal interpretation of the following clause in a contract of sale document for purchasing an unregistered land lot in NSW.
"The Purchaser acknowledges that Energy Company A* or Energy Company B or any other appropriate authority may require an electricity substation to be constructed on the property and may require a lease and associated rights of way and easements to be granted to Company A or Energy Company B or any other appropriate authority."
* two original names are present in the document
This land lot is part of a development area and electrical plan for distribution with the area is not finalised yet but in final stages. Proposed substation exist few blocks away but our plan map is clear of any electrical easement other than above clause.
Now our questions are:
- Does above clause is a standard clause like a sunset clause which we should not worry too much ?
- By having this clause in the contract will make it impossible or hard to rescind from the contract on ground the that constructing a electrical easement in the land will detrimentally changes the use of land clause ?
- Also, Will the energy provider have legal right to construct easement without offering any compensation ?
We already consulted two solicitors ( one in our contract and other one for second opinion) where they having two strongly opposing opinions on this matter leaving us in a doubt.
Thanks
"The Purchaser acknowledges that Energy Company A* or Energy Company B or any other appropriate authority may require an electricity substation to be constructed on the property and may require a lease and associated rights of way and easements to be granted to Company A or Energy Company B or any other appropriate authority."
* two original names are present in the document
This land lot is part of a development area and electrical plan for distribution with the area is not finalised yet but in final stages. Proposed substation exist few blocks away but our plan map is clear of any electrical easement other than above clause.
Now our questions are:
- Does above clause is a standard clause like a sunset clause which we should not worry too much ?
- By having this clause in the contract will make it impossible or hard to rescind from the contract on ground the that constructing a electrical easement in the land will detrimentally changes the use of land clause ?
- Also, Will the energy provider have legal right to construct easement without offering any compensation ?
We already consulted two solicitors ( one in our contract and other one for second opinion) where they having two strongly opposing opinions on this matter leaving us in a doubt.
Thanks
