I am doing DD on next purchase. Sorry long post
The title shows a carriage way - which permits access to the back of said property via the back left hand neighbour's property. Eg
1 2
3 4
(4 is IP and 1 is neighbor with carriage way)
Also along the rear there is a 3m wide drainage easement.
I want to confirm that the property does have ROW access.
The back LH neighbours property has been subdivided into two lots. And the carriage way no longer reaches the property of interest (according to landata lassi). So I went to council. They looked up the subdivision and it showed on the subdivision application that the carriageway was there but a common property has been overlayed on top and that represented the shortened access noted on lassi.
I was told the application he looked at had not yet been rubber stamped - yet the subdivision is cleary noted on lassi. I asked for a copy of the diagram they had that showed the carriage way was still there and was told I couldn't have that because I was not the land owner of that property.
I asked Council if the property has rear access and was told - check what the title says.
Under the subdivision act I believe the owner can ask for the carriage way to be removed if unused for a period of time.
The vendor has claimed in the contract of sale that they are not aware of any planning affecting their property - there are two units being built at present on the subdivided lot - and they would have been notified.
The REA is claiming there is rear access.
How do I get confirmation before purchasing? What is there to stop the rear access being fenced off and the shed becoming landlocked?
Can I ask the vendor to provide evidence of the carriageway? How would they go about this?
At present temporary fencing has been erected and the owner of 1 has blocked access to the rear of IP
The title shows a carriage way - which permits access to the back of said property via the back left hand neighbour's property. Eg
1 2
3 4
(4 is IP and 1 is neighbor with carriage way)
Also along the rear there is a 3m wide drainage easement.
I want to confirm that the property does have ROW access.
The back LH neighbours property has been subdivided into two lots. And the carriage way no longer reaches the property of interest (according to landata lassi). So I went to council. They looked up the subdivision and it showed on the subdivision application that the carriageway was there but a common property has been overlayed on top and that represented the shortened access noted on lassi.
I was told the application he looked at had not yet been rubber stamped - yet the subdivision is cleary noted on lassi. I asked for a copy of the diagram they had that showed the carriage way was still there and was told I couldn't have that because I was not the land owner of that property.
I asked Council if the property has rear access and was told - check what the title says.
Under the subdivision act I believe the owner can ask for the carriage way to be removed if unused for a period of time.
The vendor has claimed in the contract of sale that they are not aware of any planning affecting their property - there are two units being built at present on the subdivided lot - and they would have been notified.
The REA is claiming there is rear access.
How do I get confirmation before purchasing? What is there to stop the rear access being fenced off and the shed becoming landlocked?
Can I ask the vendor to provide evidence of the carriageway? How would they go about this?
At present temporary fencing has been erected and the owner of 1 has blocked access to the rear of IP
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