Have paid council for names of owners of adjoining back block which turns out to be original developer. When I rang them they say the block was sold just before Xmas. Council thinks paperwork hasn't gone through yet so they haven't been notified. Block is now up for sale. Does anyone know the answer to the following . Can they resell if they havent completed sale and paid stamp duty? . If we pay for a fence before council have their name, can we still bill them their share once council does get paperwork? . If they resell before paying, what redress do we have?
1) Yes, however both "purchasers" will ultimately get hit with stamp duty anyhow 2) No, since the new owner hasn't had the opportunity to be engaged in a conversation about it 3) None. You could try going to tribunal such as VCAT in Victoria, but I doubt you would win. Interested to hear what @Terry_w thinks. Is there a reason you cannot write to the current owner and ask them for forwarding details for the purchaser?
The Vic Fences Act is a bit more generous that some states and attaches a liability for a fence rather than a pre-construction agreement to pay 50% found in other states. Conditions do apply.
