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NSW Title with Right of Access - Buyer Beware Legal under Property Law?

Discussion in 'Property Law Forum' started by ineke, 9 November 2015.

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  1. ineke

    ineke Member

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    I bought a block of land in July 2015. I made a point of insuring the block had access from the road. Yes, there were no restrictions on the title. I put in a DA, and an inspector came to the site. He then decided my access was too dangerous (though it could have gone over the nature strip for about 50m and then unto the property) and said I had no access. He told me it is buyer beware. Well I was, but he changed the rules.

    I have already had the water and some of the sewerage connection put on, also paid for a kit home and electricity to the site.

    Is this buyer beware legal under Property Law even if the title is free and has access? Can this be done?

    Thanks
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Ineke

    You will need a lawyer to assist you to resolve the Matter.

    As of 2013, the position was as follows:

    "In brief - Land could not be used in accordance with residential zoning unless easement granted
    The decision of the Court of Appeal in City of Canterbury v Saad, shows that an easement of necessity can be granted in accordance with Section 88K of the Conveyancing Act even where a party acquires a property knowing that the property suffers from a defect which will require an easement to rectify it."
     
  3. ineke

    ineke Member

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    Yes thanks, only that I did not know that this land had that defect, I have only just been told. When the searches were done there was no indication that there was no access, the opposite, all was well. So the title has been changed after the fact by the council, is that possible? Can these things be changed after the fact by council?

    Thanks
     
  4. ineke

    ineke Member

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    Me again. My access, if not too dangerous, would go over the nature strip, past someone else's driveway, not over anyone's land other than the council, nature strip footpath
     

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