QLD Sewage easement laws??

[neaka]

Hi There,

Hoping someone can answer my question...

We have an IP on QLD's sunshine coast that we currently have on the market. It has a sewage easement out the back smack bang in the middle of the small yard. The house is small, so alot of buyers are looking to put a deck out the back and open the back of the house to it, however council say you cant build over it because it needs to be accessible. The house is raised, so any deck they built id say you'd be able to stand under so would this count as accessible?

Would appreciate any opinions/experiences.

TIA

 

[Propertunity]

The council, if they need to, need to be able to dig up the entire sewer line (worst case scenario). If you have built anything over the top of the land, then they are entitled to knock it down to gain access.

The only thing you can really do if you want to build over the top of an easement is:
1. Get council approval
2. Get engineering specs / drawings done
3. Dig it all up and encase it in concrete

It is a very expensive process but can be done. Encasing it in concrete means they never need to get access - it is kind of permanent

 

[csc]

i would have had that hidden long before listing the property..out of sight out of mind!

let the buyer beware!

you would have to be mighty unlucky for a council to come and dig anything up in your yard anyway...

may pay to try and disguise it..temp garden or something...

can you post a pic of the area its in??

we maybe able to offer suggestions that are way more economical than digging it up..

marvellous what 3 mtrs of soil and a few dodgy plants can do!

 

[Propertunity]

i would have had that hidden long before listing the property..out of sight out of mind!

It is an easement. You don't get to see it physically - it is registered on the title - and will be in the contract of sale. You cannot hide it!

let the buyer beware!

BUYER BEWARE GOT THOWN OUT - its all FULL DISCLOSURE now

you would have to be mighty unlucky for a council to come and dig anything up in your yard anyway...

Agreed. But you would not want to be anything too expensive that you will not get re-imbursed for.

 

[csc]

since when does a buyer have to disclose anything matey??

ive just sold two properties over the past 3 mths with plenty of issues, one was an easement but its not up to me to disclose anything....its up to the buyer to do due diligence on the block and house before the contract goes unconditional...nothing more nothing, less.....thats how it works in qld anyway so unsure where you got your info from regarding full disclosure from???

correct me if im wrong..cheers

 

[Propertunity]

since when does a buyer have to disclose anything matey?? correct me if im wrong..cheers

well matey ,

neaka is in Victoria and there they have to do a Section 32 Vendors Statement.
What is the Section 32 Vendors Statement?
A legal document
The Section 32 Vendors Statement is a document provided by the vendor (seller) of real estate to an intending purchaser.

Its name comes from Section 32 of the Sale of Land Act, which requires a vendor to provide certain information to a purchaser BEFORE a contract of sale is signed.

In general terms, if the vendor fails to provide the information set out in Section 32 of the Sale of Land Act before the contract is signed, the purchaser will be able to cancel the contract.

What's in the Section 32?
The following list contains some of the more basic information to be found in the Section 32 Vendors Statement. It should be noted, however, that much depends on the type of property being purchased, and further information may be required in particular circumstances. (Remember, legal advice from a qualified lawyer should always be sought regarding the information contained in the Section 32, and what information it does NOT there, but SHOULD BE there):

Statutory warnings to the purchaser.
Vendor’s details.
Title details.
Information regarding building permits issued in the past 7 years.
Particulars of owner-builder warranty insurance.
If the vendor is the owner-builder who completed the building works there should be a written inspection report (which lists any defects) in the Vendor’s Statement.
Particulars of any mortgages or “charges” over the land (i.e. debts charged against the land).
Information regarding covenants, easements and any other restrictions on title, whether or not they appear on the title.
Planning information, particularly where zoning restricts land use.
Information regarding outgoings payable by the owner of the property.
Disclosure of any notices or orders issued by the authorities, regarding such matters as fencing, road-widening, sewerage etc..
Advice as to road access if there is no access to the property by road.
Information as to services connected to the property.

So, if you do not disclose - the contract may be crashed.

Same kinda deal in NSW - but not exactly (of course)

edit: Just read that the IP is in QLD - my apologies matey

 

[aaarghhh]

Hi There,

Hoping someone can answer my question...

We have an IP on QLD's sunshine coast that we currently have on the market. It has a sewage easement out the back smack bang in the middle of the small yard. The house is small, so alot of buyers are looking to put a deck out the back and open the back of the house to it, however council say you cant build over it because it needs to be accessible. The house is raised, so any deck they built id say you'd be able to stand under so would this count as accessible?

Would appreciate any opinions/experiences.

TIA

Hello neaka,

There is always an engineered solution to this kind of problem.

(a) Encase the line in concrete with piers equally spaced along the sewer.

or

(b) A sewer realignment. ie move the sewer line to a more suitable position on the block to allow for the deck to be built.

Costly exercise for a deck. Here are some old links to one I did in 2006.

http://www.somersoft.com/forums/showpost.php?p=367177&postcount=3
http://www.somersoft.com/forums/showpost.php?p=322919&postcount=2

Aaron

 

[csc]

well matey ,

neaka is in Victoria and there they have to do a Section 32 Vendors Statement.
[
edit: Just read that the IP is in QLD - my apologies matey

Thats cool....i was wondering where your thinking was coming from actually....qld..always behind the times with legal stuff which may fall into neakas favour on this occasion..