Property seems to be constructed on the boundary line. (photo) Any possible pitfalls/legal issues?

Discussion in 'Legal Issues' started by Judith, 22nd Jun, 2021.

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  1. Judith

    Judith New Member

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    I am interested in a property but I have noticed something unusual about this one. One side of the structure seems to have sat exactly on the boundary line.

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    Any pitfalls I should be aware of and/or possible legal issues down the line?

    Haven't spoken to the REA yet, just wanted to know ppl's ideas here to figure out what the right questions are to ask him.

    Thank you.
     
  2. Paul@PAS

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

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    Have you conducted a survey to determine the boundary ? If it was not as indicated that could prove costly. For all you know it may be fine or may even be on the strip of land that seems to be next door. Or may be 300mm inside the building.

    Pics indicate a range of potential concerns. No setbacks - Wall on right side doesnt have support and sheds in front yard and inside front garage are signs of non compliance. Wierd having an a/c compressor at the front door. Lazy / cheap approach to an install is a bad sign. Overall dwelling foot print seems big as is a sign that compliance should be checked.

    Sometimes cost of checking prior approvals is well spent. This may be one example to avoid very costly issue if any works are illegal. Your solicitor may suggest someone.
     
  3. bmc

    bmc Well-Known Member

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    this would be my suggestion too.

    it's a bit hard to tell with just a photo.

    hope the builder didn't skimp on the survey setout fees during construction.

    if he had the house setout by a surveyor it should be fine.

    also local council compliance would be another item to look into.
     
    Scott No Mates likes this.
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Zero lot lined build. Check what was shown on the Approvals & as above, a survey will confirm compliance.

    Looks like the neighbour won't need to pay for much fencing in the future.
     
  5. Marg4000

    Marg4000 Well-Known Member

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    Definitely get a survey.
     
  6. Judith

    Judith New Member

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    @Paul@PFI
    @Scott No Mates
    @Marg4000
    @bmc

    Thank you all for your inputs. Just goes to show how little I know about properties.

    I have decided to pass on this one, the asking price is pushing my budget limits anyway. But for the purpose of educating myself, I would like to ask some more questions.

    Is it reasonable to expect a conveyancing solicitor to pick up on these? (we are required to engage a conveyancing solicitor in QLD)

    I am a bit concerned now that I realise how little I know about properties (it's my first property purchase). Is my concern justified? Or should a conveyancing solicitor pick up on any non-compliant material, design, structure etc., a property might have?

    Also some more photos to give more perspective:

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    Thanks again
     
  7. Firefly99

    Firefly99 Well-Known Member

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    No, you’d need to get a building inspector and surveyor to pick this up.