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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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Do you have a precedent to include in a Qld contract of sale

Customer Question

Do you have a precedent to include in a Qld contract of sale for a Deed of Covenant for a golf course housing estate where inter alia the purchasers of housing properties that adjoin the golf course covenant with the seller of the housing land to agree to accept the risk associated with living next to a golf course including any damage or injury that may occur from stray golf balls coming onto their property from the golf course that is owned by a separate entity to the seller?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

There is no such precedent, we draft them based on the circumstances.

I am not sure what you are trying to achieve

Customer: replied 1 year ago.
My client owns the golf course in a different entity to the land that he is selling that adjoins the golf course.
He wants a covenant for the buyers of the land that surrounds the golf course so that the buyers can not object to any trespass or nuisance from stray golf ballss and requires a release and indemnity from the buyers for any claim for damage or injury from stray golf balls.
Expert:  Leon replied 1 year ago.

Good Afternoon

You have to disclose the neighbour and the vendor are connected.

You have to have the purchaser acknowledge that they know this, and that they accept and understand the issues with stray stray golf balls.

I cannot draft it for you though. Your client should have a solicitor acting in the sale and they should be advising him about this.

It has to be detailed enough that if the purchaser decides to sue him that it can be used to stop any action.