Garage may not be on title?

Discussion in 'Legal Issues' started by B-Mac, 27th Jul, 2015.

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  1. B-Mac

    B-Mac Well-Known Member

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    I purchased a unit last year (2/1/1), however i just got an ANZ desktop valuation and it came up as (2/1/0). Also, a few property sites have also shown it as 2/1/0 (e.g. onthehouse)

    When the property was listed it was advertised as 2/1/1 and i even inspected the garage. How can i find out for sure that the garage is on title?

    Thanks
     
  2. thatbum

    thatbum Well-Known Member

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    Look at your title/strata plan documents.
     
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  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Hope you haven't settled yet?
     
  4. Chilliblue

    Chilliblue Well-Known Member

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    B-Mac have you been able to confirm if the garage is included?
     
  5. Pistonbroke

    Pistonbroke Well-Known Member

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    You do have a garage however it is not on title. Most likely to be covered under an exclusive use bylaw.
     
  6. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I had a client once who had a harbourside mooring attached to new apartment on a Finger Wharf Wooloomooloo title but it was a separate title and it got missed in settlement. A year later he had to revisit it all when he wasn't thumped with massive taxes on it prompting him to ask... a mess. Fortunate the vendor was co-operative. His lawyers ended up fixing it for free as it was clearly described in contract.
     
  7. B-Mac

    B-Mac Well-Known Member

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    Settled over 7 months ago now.

    No not yet. I will send the contract to my solicitor tomorrow and see what he says.

    If it's not on title, Is this something they should have picked up?

    I tried going over the contract of sale but everything is so hard to read (hand written diagrams of strata plan and lot numbers etc)

    I hope I haven't been duped here!
     
  8. B-Mac

    B-Mac Well-Known Member

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    Where would I find these documents?
     
  9. jaybean

    jaybean Well-Known Member

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    Not if the ad was the only other place you've ever seen it referenced. The solicitor wouldn't have looked at it.
     
  10. B-Mac

    B-Mac Well-Known Member

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    Where can i find these? Ive looked through my body corp docsd and cant seem to find anything?
     
  11. Chilliblue

    Chilliblue Well-Known Member

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    How was the solicitor advised of the garage being part of the sale?
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Have a review of the by-laws. There may be a special by-law granting each lot exclusive use to certain parts of common property ie a numbered garage.
     
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