Hi all
What a nightmare! In June last year I bought a 390 sqm block and only 10m wide, in Rosebud Victoria (in the "Avenues" for those that know) with the intention of building an IP.
Settlement went smoothly, no disclosure in Section 32 Vendor's Statement and no easements or covenants on the title.
Now, my builder has just told me that there is a main sewer line running 1.7m in from the rear boundary and 1m in along the length of the RHS boundary and a water main at the front left of the block. None have easements! SE Water has now confirmed this. The builder has declared that they can't build on the block and they doubt that any other project home builder could either.
I feel angry, upset, disappointed and concerned that I've borrowed $170k and paying interest on a block I can't build on! I feel I need to take legal action (against the vendor? my conveyancer? SE Water for their crappy record keeping? I don't know.) The builder feels I have a good case for compensation and has referred me to their lawyers.
All I want is a block I can build an affordable house on or my money + interest + expenses back but I'm sure no-one will agree to that without a battle.
Of course if I sell the block, I must disclose the water assets - unlike the previous vendors.
1. Has anyone experienced a similar situation or have advice for the legal process I should follow?
2. Can anyone recommend an affordable custom builder in or around the Mornington Peninsula area?
Any advice, comments or suggestions welcome!
Thanks
Mark
What a nightmare! In June last year I bought a 390 sqm block and only 10m wide, in Rosebud Victoria (in the "Avenues" for those that know) with the intention of building an IP.
Settlement went smoothly, no disclosure in Section 32 Vendor's Statement and no easements or covenants on the title.
Now, my builder has just told me that there is a main sewer line running 1.7m in from the rear boundary and 1m in along the length of the RHS boundary and a water main at the front left of the block. None have easements! SE Water has now confirmed this. The builder has declared that they can't build on the block and they doubt that any other project home builder could either.
I feel angry, upset, disappointed and concerned that I've borrowed $170k and paying interest on a block I can't build on! I feel I need to take legal action (against the vendor? my conveyancer? SE Water for their crappy record keeping? I don't know.) The builder feels I have a good case for compensation and has referred me to their lawyers.
All I want is a block I can build an affordable house on or my money + interest + expenses back but I'm sure no-one will agree to that without a battle.
Of course if I sell the block, I must disclose the water assets - unlike the previous vendors.
1. Has anyone experienced a similar situation or have advice for the legal process I should follow?
2. Can anyone recommend an affordable custom builder in or around the Mornington Peninsula area?
Any advice, comments or suggestions welcome!
Thanks
Mark