In my final installment, I consider sewerage and drainage and planning issues. Whilst sewerage and drainage systems and planning issues are not registered on title, they affect your use of the property.
Sewerage/drainage diagrams indicate the position of pipes on your property and how your property is connected to the sewer main. Things to look for are whether there are structures built over the pipes and whether your property is connected to the main via another property. If there is a pipe that runs through the back of the property, you will need the approval of the relevant authority to build there. If a structure has been built over the pipe without appropriate approval, you may be required to remove the structure. If you access water and sewerage via an adjoining property, then you should consider whether an easement may be required to ensure that the adjoining land owner has to keep the pipe on their property functioning properly.
Planning issues relate to the approved use and development of the property and whether the land is affected by things such as contamination, tree preservation orders and road widening proposals. If you intend to use the property in a particular way or plan on undertaking certain development (such as constructing a duplex), then you need to ensure that this type of use/work is allowed by Council. Most of this information is contained in a planning certificate known as a "Section 149 Certificate". However, you should always contact Council directly to obtain their advice on your intentions for the property.
Jonathan Marquet
Emil Ford & Co - Lawyers
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