Land - when am I responsible for it

Hi all
We are in the process to buy land in SA
But a few things came up.

So i was wondering when am I responsible for the land we are buying? From day we signed contract or tge day we settle?

Why i am asking is there have been rubbish dumped on the land and we got told by conveyancer if it was dumped after contract signing date we are responsible for it?(which was not the case it was prior so vendor is responsible) so just wondering how can they say if its after signing but before settlement that we are responsible? Its not technically our land yet as we have not settled yet? We are not alliwed to do anything there yet so how are they wanting to say its on us?
This dies not seem fair at all really? Wondering how many others has had this issue
Tia

Hi Lovisa,

We had this issue aswell, it may be from when you sign contract/ land deposit that you are responsible for it.
Our block has a massive sand pile on it and general rubbish (washing machines, etc) that people dumped there way before we looked at the block (new it was there for a long time as used to live by our block and go past there all the time).
I queried with our builder if it was up to us to clear or them. They came back that it was us so we just got them to include the price of removal into our siteworks. It is very unfair as other people have been inconsiderate and dumped there stuff there without taking consideration for future buyers. Maybe try your land developer? I emailed them nicely asking if they could do anything about the general rubbish and they said they would get someone out there to clear some of it up.

I would say its whoever has legal title at the time of the when the dumping occurred.

That was our understanding too. But apparently its not and on the buyer from date of signing contract.

Our conveyancer went back to vendors conveyancer and we are awaiting their reply. Since according to them if it was prior to signing its on them and we have photos with dates that indicated its prior to signing

Not sure how long or how many times our settlement will be delayed by the vendor again for not cleaning the lot. (They have been a pain to deal with) just want to settle and start building
We are just awaiting the land to start build

You could ring the Council and ask them.

How long until titles are going to be issued?

Titels has allready been issued a couple of years ago. We were supposed to settle a week ago then vendors bank was not ready then supposed to be yesterday but they did not clen the lot... conveyancer aiming for tomorrow but dont know if it will happen

Our block is from 1 stage and they are on stage 4 now.Council dont remove green waste/building rubble, and the waiste on land is from building

There is some legal jardon around Beneficial Owner, but my understanding is it depends on how far down the contract stage you are and since title has been issued and your nearly ready to settle you might have to wear this cost.

Other, that that you could get a property lawyer to give you some advice. But probably cheaper to remove the rubbish.

The thing is from the start they knew and said they would remove it to our conveyancer but now that they have to they are looking at any reasonable excuse not too

Do you have it in writing or written into the contract that they will have it removed?

All you can do is ask for them to remove it. Good luck.

They emailed the conveyancer and said they will, cause we asked prior to signing the contracts to know if we should budget for it.

But now we have trouble with them doing it and delays with them not doing it and trying to find ways to get out if it. Our lot dont have the space to put all the rubble that construction can start.
Thanks

Is that the only reason why they dragging the chain on settlement? Or are you delaying because they haven't removed the rubbish?

They are delaying every time another reason this time its the rubbish that needs to be removed

Any chance you can get it removed and deduct from land price? Basically send them the bill?

We allready paid the difference to our conveyancer:(

I would assume you purchased the land as it was at signing, and unless written agreement to remove/clear the land they wouldn't have to legally remove it. So unless it was dumped after signing you're liable.

Sounds like an immoral thing to do, but something the vendor can do? Get everything in writing.

Its been sorted out
As we asked about it prior to signing as a condition of settlement with the grass and weeds slaahed prior to settlement and got an email that said they will remove it and after today providing photographs that was date stamped with the rubbish (indicating what was there when we areanged prior to contract) the vendor removed all rubbish in the photos (so everything) and has informed us they are ready to settle tomorrow