Oct 08, 2013 9:06 pm
I'm trying to move things along as quick as possible regarding the soil test and start date. Titling is due very soon (next 2-3 weeks) and I want the soil test done before this. I have asked to have access to the land but this has been flatly refused on two occasions.
I'm sure I have a legal right to obtain a soil test BEFORE settlement but being so infuriated with crappy backhanded responses from the developer I couldn't even remember my password to log into here let alone have the patients to read through a heap go legal crap!
If someone has done this in the past can they please help me out while I get some rest and grind my teeth out of pure stress before I have a really good crack at it tomorrow morning!?
Re: Soil test AFTER settlement2
Oct 08, 2013 9:48 pm
My council held a soil report for my block that was lodged as part of the subdivision application. They won't send this to you or go through the file for you if you make a phone enquiry, you will need to go down in person. You also cannot take a copy but it gives you an idea of where you stand and is available for anyone to view. If the developer won't let you on site it might be a better starting point than wasting time with trying to include a "subject to soil test" clause in your contract. Best of luck.
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Re: Soil test AFTER settlement3
Oct 09, 2013 5:01 am
As Robbie55 says you may be able to get some soil results but if you do use them with caution. For more information see: http://www.anewhouse.com.au/2013/08/dif ... n-results/
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Re: Soil test AFTER settlement4
Oct 09, 2013 7:10 am
Thanks Guys. I want the builder to have access to the block but the developer is stating its still a "construction" zone. With unlimited access for the public to drive through and no fencing preventing access I dont see how a portable dunny in the park can still be classed as a "construction" zone.
Im sure legally I'm entitled to get a soil sample before settling! Just need to find it
Re: Soil test AFTER settlement5
Nov 03, 2013 12:36 am
who is the land developer? i'm buy a block from lend lease and they have this clause in the contract:
1.4. The Seller must provide the Buyer with notice that the bulk earthworks have been completed on the
Land and that the Buyer may access the Land at least 14 days prior to Settlement.
Re: Soil test AFTER settlement6
Nov 20, 2013 7:53 pm
Technically they have a point about construction zone. However if they have no fence around their construction they are in breach anyway. Id go to the local council and look at the construction records for the subdivision which will contain soil reports.
Alternatively if you hire a geotec engineer to do a soil report they would carry a white card that allows them access onto a site. If the land has titled you are entitled access to your property.
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