澳洲Australia property access via another block - risky? | Sydne
在澳大利亚 The pool at of an IP needs to be resurfaced (or so the pool doctor says), the cost was estimated to be $10K ($10,000), after recoverying from my impresssion of a cat coughing up a fur ball, it just seems far too much. Its just a standard poo I need some advice regarding a property purchase. Property - semi-detached house Bedrooms - 2 Condition - average needs internal reno to modernise Street - one of the best in suburb Location - excellent Close to schools - yes Transport - 50m
I was looking to purchase a block of land near Parra but once I received the contract today I saw that it was the back half of the block only. There is provision on the block for a 4mtre wide access driveway to the back block, but the owner of the front block owns that 4m strip.
Would you not touch this with a barge-pole? Is there a possibility that the owner of the front block can refuse access or make life difficult to access the back block or is it easy enough to enforce this sort of thing?
Run a mile !!!! the best arrangement would be for YOU to own the access handle and the front owner to have a "right of carriageway over it.
Alternately, he MUST grant you a ROC if he retains ownership of the access handle.
It is most likely that development consent for a dwelling on the rear portion of the site would not be forthcoming without this easement being created as you need access to a public road.
Check with council but there is a good chance that for him to be able to sell the rear block in the first instance the 4 m access handle might be in the form of a driveway Easement (I will be surprised if council will let him sell a rear block being land locked without access).
Check on the type of Easement (if it is one) and that should in itself stop fears you may have of keeping access to your rear lot (normally he will have restrictions on not being able to build on it, fence it, obstruct your path).
Based on that it would depend on how good the block is to warrant access via another lot and if the price reflects it as well.
You need advice on the terms of the access including who is responsible for construction and maintenance.
Would be having a lawyer check over the contract given it sounds a very major potential issue. Many will check a few for free as part of conveyancing.