NSW Found a sewer issue in the land after exchanging the contract

[tahirrauf]

Hi Guys,

I have recently put a deposit of 5% on the land which is going to be registered in the liverpool council in 2-3 weeks. All the times developer has been telling me that there is no easement on the land and the draft and the 88b form I got does not show any restrictions or easements. However when I sent the contract to the builder they said that there is a Sewer line going through the property side from front to back.

I called council but they say they don't have any information as the land is not registered so they can't help me. Builder says I might have to leave 2 meters or may be more from one side which is a shock for me as the land is already narrow.

I feel the developer intentionally concealed that information verbally but here is one page in the contract which shows the sewer line (not sure if my soliciter missed it because he also always told me that there is no easement and I can build full from right to left (leaving 0.9M from each side ofcourse becuase that's council's requirement).

What should I do in this case? Can I dispute? what will be my chances in that case?

Please help.

 

[Tim W]

If you already have a solicitor acting for you,
then you should take their advice about what to do next.

 

[Annita]

Don't rely on your solicitor. Do your due diligence. A pipe can run across a property and not be a registered easement. It can be unregistered. And therefore there can be no record of it. Sewer water and electric cables or pipes across property are undesirable and can reduce the property financial value. Make sure you have a clause in contract to say that there are no pipes or cables crossing the property anywhere. Make sure there are all utilities including stormwater electric water sewer. No overhead cables. No easement or right of way. When in doubt employ a surveyor.