Land acquisition order in contract

Discussion in 'The Buying & Selling Process' started by oneone, 29th Jun, 2018.

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  1. oneone

    oneone Well-Known Member

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    A friend is looking at a property (Hills/Hornsby area in Sydney) and with first look at the contract there is a "Notice of Compulsory Acquisition of Land" its authorised by Transport Adminstration Act. There are a number of lots on that schedule.
    And then on the title search, for second schedule (notifications), "Land excludes the Stratum for Rail purposes as described in DP11XXX)"

    So from that it looks like the land acquisition notice would've been for rail work ? But the 'notice' is dated 2012 - so is it saying it can be acquired/called on at any time and the gov has given notice ?

    Friend hasn't gone to conveyancer yet, but if it is the case then its probably not even worth going.
     
  2. Terry_w

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

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    You friend should seek legal advice.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    The main issue is that at some point below ground (you don't own below ground), there may be a stratum created for the north-west metro. The property may or may not be affected by the works or or the operation.

    You need to speak with state rail's property section (rail planning/GIS) about whether this is built, going to be built/provision for future, depth below the property, noise/vibration effects etc.

    You would perform these searches whenever you are near a rail corridor/main road etc.

    Your lawyer can advise on the full implications.
     
  4. oneone

    oneone Well-Known Member

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    Thanks for suggestions, I suspect it is to do with Northwest metro by the looks of the layout of other lots implicated. The place is pretty old and will need knock down/rebuild so I don't think my friend would want to go through that with potentially a tunnel going under