Browse Forums General Discussion Re: Certificate of Title - incorrect dimensions 2Nov 29, 2009 8:48 pm As it hasn't settled yet, I would talk to your solicitor asap (whoever is doing the conveyancing on your purchase). Is the block surrounded by exsiting homes, or is it a new development ? Maybe get a surveyor on site to check everything out to make sure you haven't made an error also. Blog is now up - http://www.jbdave.blogspot.com/ Re: Certificate of Title - incorrect dimensions 4Nov 30, 2009 6:31 am It's unlikely to be the title that's wrong. If the land is surrounded by other vacant blocks, then the pegs are in the wrong spot(s). If it's surrounded by completed homes, then the fences have been built in the wrong place. You should speak to whoever did your conveyancing, perhaps get them to refer you to a) someone to do a site survey and/or b) a solicitor, and take it from there. Bugger compensation, get the boundaries sorted. 2m length x whatever width is a fair bit of land. Did you buy privately or from a developer? If from a developer, they should be able to help and you might not need to go anywhere else. Re: Certificate of Title - incorrect dimensions 6Nov 30, 2009 5:27 pm Melina It is the length that is incorrect, ie. the neighbours have not encroached on our block. Melina, I don't quite get what you mean. A corner block has two adjoining properties, one on a long side and one on a short side - assuming the block is rectangular. If the long side is coming up short of what's on the title, then the fence at the rear is bound to be in the wrong place. Either that or someone moved the road...but I don't think so. Fences get built to one side or other of boundaries all the time, sometimes by quite a way, but I've never heard of a title being wrong. Entire streets can have the boundaries in the wrong place if someone gets the first one wrong when building starts in a new development. If you're sure about your measurements, you need to get the land professionally surveyed. Don't quote me, but I think it should only be a few hundred dollars to check boundaries. I hope you get it sorted out. Re: Certificate of Title - incorrect dimensions 7Nov 30, 2009 8:25 pm There is actually a lane behind the block so we only have one neighbour. We will definatley see what the conveyancer has to say, it does seem strange, but like I said we measured it twice, and my husband is an engineer so there is clearly a mistake somewhere. The only thing we can think of is that maybe the block at some stage included part of the lane, but usually it is the other way round, i.e you can purchase part of the lane if it not used for access. Thanks MKM Re: Certificate of Title - incorrect dimensions 8Nov 30, 2009 9:53 pm The problem with measuring boundaries is that you can never be sure you are starting to measure from the right place. Also, the distance on the title is taken 'as the crow flies'. So if your block slopes the distance you measure is going to be different than what the title says. I doubt the title is wrong - my guess would be that the fences are in the wrong position or that the laneway that runs along your rear boundary is actually part of your block, but it is an easement and the previous owners have moved the fenceline in a little to enclose the rear yard. Constant What you have posted isn't really readable and also needs to be compared to your architectural plans. Happy to have a look if you email me at 1 8091 Flamingo Give me a call and I will do my best to talk you through it. For those who would like an answer, Subject to seeing your actual DA condition, I think you are… 1 4574 Not unless you have managed to put it as a special condition into the contract somehow. 1 6157 |