Actual land size is less than land size in contract

Hi Terry,

There is not any practical consequences of the reduction. But I don't think it is fair because now what I get is less than what I pay for. What if the reduction is much more than that say 50m2, how minor is consider minor?

Hi All,

Extracted from REIQ "Term if contract" which attached with the contract as following, I am not sure whether this will help and also confuse about immaterial and material error

"7.5 Survey and Mistake
(1) The buyer must survey the land
(2) If there is:
(a) An error in the boundaries and area of the land
(b) an encroachment by structures onto or from the land; or
(c) a mistake or omission in describing the property or seller's title to it;
which is
(d) immaterial; or
(e) material, but the buyer elects to complete this contract; the buyer's only remedy against the seller is for compensation, but only if claimed by the buyer in writing on before the settlement
(3) The buyer may not delay the settlement or withhold any part of the Balance Purchase Price because of any compensation claim under clause 7.5(2)
(4) If there is material error, encroachment or mistake; the buyer may terminate the contract before settlement"

It may not be fair, but it looks like this is something you have agreed to when you signed the contract.

Have you surveyed the land? If so did any of the above apply?
 
Sorry for the multiple post, there was some time out issue in somersoft, so I tried to re-post again and again last night.

Thanks all for help and appreciated the replies.

I have to check whether my solicitor has arranged the survey. Not sure I have interpreted correctly, based on the latest clause that I extracted that from REIQ, it seems that if the area and boundaries of the land is different, I should be able to claim the compensation?
 
He Senji

Your OTP clauses probably deleted that standard REIQ section anyway and it will be the special condtiions that apply.
 
He Senji

Your OTP clauses probably deleted that standard REIQ section anyway and it will be the special condtiions that apply.

Hi RPI,

My solicitor has advised the same. But I have managed to negotiate some free stuff from the seller. So it is not completely bad to me. Anyway it is a good lesson learnt.
 
5m^2 is an easy enough mistake to make. Large subdivision plans and the calculation of areas are normally done by drafters. It is not until the subdivision goes to be registered that the surveyor gets involved and where mistakes like the erogenous 5m^2 in this thread is picked up on. With large subdivisions proposed boundaries change all the time and it is easy for someone to forget/miss updating an area of a modified parcel on all relevant plan sets.

I guess what it comes down to is the size of the mistake. If it is 5m^2 on an 800m^2 parcel of land then that is a 0.6% error. If it in 5m^2 on a 50m^2 flat then that is a big error at 10%.
 
Imperial vs Metric

Old titles were drawn in imperial measurements in rods and perches. 1 perch = 25.29sqm from memory.

When they drew the area of the block in perches, they only went to the nearest 1/4 perch, therefore, 25.29sqm / 4 = 6.3sqm.

Considering the above, there are property titles all over australia that have discrepancies in them by up to 6.3sqm.

Sometimes, I used to use them to my advantage. eg. if a property said it was 25 perches and you convert this into sqm - 25 x 25.29sqm = 632.25sqm if you were just converting it by the imperial dimension given.

But say the block was actually an exact rectangle that measured 15.24m x 41.72m which would of course equal a block size of 635.81sqm, making it larger than what the imperial dimensions indicated.

The old imperial dimension was correct as it was taken to the nearest quarter perch, but the new metric dimension is also correct and also more accurate.

I used this to my advantage to gain more FSR in building designs for clients. Believe me, every extra sqm of land you have helps greatly.

Hope this helps explain why you're block is out by about 4sqm.

With this system, sometimes you win and sometimes you lose.
 
Back
Top