Conveyancing confusion

Discussion in 'The Buying & Selling Process' started by Burramys, 12th Jun, 2018.

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  1. Burramys

    Burramys Well-Known Member

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    For the first time in 12 years I'm selling a property, and it's got quite a lot more complicated. My memory is a bit hazy after so many years but I cannot recall conveyancing being difficult. The conveyancer has sent me a form of six pages of essential information - council, water, insurance, build in last seven years, etc - and another 15 pages of other information, including a lot of fine print, terms and conditions.

    One part has me puzzled. The conveyancer says that the following are highly recommended:
    Three Auction Certificates for the contract.
    Council Information Statement, Water Information Statement, Land Tax Certificate as a minimum.
    I don't know what they are or if they are really needed. I have a rates notice and water invoice. The land tax seems only to apply if there's more than a certain amount of IPs held. Is this germane?

    The form mentions an unregistered easement. There is a water easement, next to the back fence under the car units. Seems to be registered. is this correct?

    Advice on these points would be valued.

    had a laugh. He asked where I was living, and this was advised. All along the subject lines for emails was in the form "Conveyancing for Ringwood property (address)". He put my PPOR address as the place being sold, and did not spell my street address correctly.
     
  2. bmc

    bmc Well-Known Member

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    @Burramys it sounds like you are doing all the work.

    however, as for the easement, the property title will note what easements are Registered or Unregistered on the property.

    Unregistered Easement or Dealing may indicate the provision was made and a plan or document may have been lodged at dept of lands but not formally transfered on title. (for various reasons) sometimes these are shown in old subdvision plans as
    ie: "Site of Proposed Easement for ......(insert)...... 6" Wide"
    Is there a DP or Dealing number relating to the unregistered easement ?

    either way you are selling and I'm sure "Caveat Emptor" is relevant for the future purchaser.
    It's important to note all encumbrances of the property in the sale contract. if you don't it may give the purchaser an option to rescind.
     
  3. Burramys

    Burramys Well-Known Member

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    Thanks. I decided that the conveyancer was to risky for me and have engaged another one. The second conveyancer had a simple form of just four pages. I'm answering all the questions truthfully. I have the s. 32 from when I bought the place and it all seems to be in order - one easement, block of flats,nothing unusual. The buyer will hopefully use the maxim DYOR. There's no DP: it has a heritage overlay, could not change anything that is visible from the outside. There's no encumbrances.

    Under control now, except that prices are sagging. I'll still make a CG but maybe not as much as before. No matter, pay less tax ... in FY19. This is one reason why I'm selling in August, defer CGT for a year.
     
  4. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    it is often the law society/insurer that requires such complex information to be provided. In my experience the vast majority of people buying and selling barely read a short email we send them, let alone the attached booklets and information we send as attachments and ask them to read.
     
  5. Burramys

    Burramys Well-Known Member

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    Thanks. Providing the selling REA is happy I'll be happy. The critical information is with the conveyancer or being sought.