Hi Everyone, Not sure if this is the right place to post and I couldn't find a similar thread elsewhere. I'm looking to purchase my first property within the next 3-6 months in VIC. Just wondering what sort of restrictions within the contract/title limit land use? I know heritage overlay and covenants restrict use heavily but is there anything else major to look out for? Many thanks Matt
Neither the contract nor the title restrict land use - this comes down to the planning instruments from council ie. LEP, DCP any any overlays. Your title may have a note about not owning any minerals on or below the land. The S149 & S32 certificate will provide the zoning, flooding, bushfire, subsidence etc restrictions that apply.
Your solicitor can explain (and should explain) all this and as Scott says they will consider what searches need to be made to determine impact on the title (eg RMS, Railways etc). Conveyancing is the process of transfer of title. Legal advice encompasses the contract you sign. This explains the difference. I have always used a solicitor for that meeting that addresses the contract before its signed / cooling off. Last PPOR we found a issue which he confirmed with Council and in his judgement he asked them to confirm it in a letter. Years later they tried to change something about land consents to a neighbouring site and we presented their written advice and they stood by the earlier advice to the solicitor in writing. Worth the few extra dollars (literally) for that comprehensive advice.
