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Is a storm water drain easement on the property ok? does it…

Customer Question
Hi, is a storm...

Hi, is a storm water drain easement on the property ok? does it cause a problem in valuation of the property?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

NSW

Lawyer's Assistant: Has any paperwork been filed?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I signed the contract before the property was registered and got to know of the storm water drain after settlement

Submitted: 11 months ago.Category: Australia Law
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Answered in 2 hours by:
9/15/2017
Solicitor: John Melis, Lawyer replied 11 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,568
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 11 months ago

Dear customer, a storm water drain is an easement. Where an easement is not disclosed in the contract sale (section 52 statement) and the property has not settlement, there will be a right of rescission under the contract by the purchaser for failure of the vendor to disclose the easement.

There are procedures to rescind the contract and careful attention to this process is required.

Where the contract has settled, meaning all monies are paid, there will be no right of claim against the vendor cancel the contract. However, there may be an argument for misleading and deceptive conduct against the vendor or their agent for failure to disclosure the easement.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Kind regards
John Melis

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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