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Things to look for when purchasing a development site, Res Code requirements, caveats, easements and drive way widths are a few items to consider.

Caveat beware!!

A caveat on a title is a forewarning to the buyer that another party has an equitable interest claim on a piece of land, for example a loan with the property as the security. The caveat should be lifted at settlement or prior to, settlement to ensure you get clean title to the land.

A covenant is like a promise that must be kept by each new buyer of a property. It can affect vacant land or land that is built on.

Usually covenants are "restrictive", which means they stop the owner of the property from doing something, for example, a restriction on the type of materials that can be used in any building on the property.

The covenant usually appears on the title. If there is a covenant it is important to get legal advice. Your lawyer should make sure that you fully understand the implications of the covenant. Remember, it is not easy to remove a covenant from the title. Ask yourself: how will this covenant affect my future plans and/or the value of the property?

Easements   

W  An easement is basically something that is created allowing for an asset that runs either on, or parallel to, a property.  The easement allows for assets such as pipes, cabling and wiring that belong to Water Authorities, Power Authorities and so on.  The easement is crucial to the development in some cases.  Most easements you will find run at the rear of the property, or along the side, and usually harbour sewerage, storm water or power.  In most cases it is sewerage. Authorities will prohibit building on top of their assets, however, you can build things like tennis courts, driveways and carports that can be broken up to get below ground to easily. So keep in mind, in 99% of cases, you will not be able to build over an easement.


Things to look for when assessing easements

1.     The legal point of discharge

2.     How far under the ground the pipes are

3.     Can you build your dwelling around the easement or away from the easement

4.     Do you need a wall of report – and factor in the cost of this


Res Code Requirements on Driveway widths

You should always observe driveway widths when developing property. The Res Code clearly states the acceptable average driveway width for battle-axe and Multi unit sites is three metres between boundary walls, with some exceptions. In order to be on the safe side, it is advisable to follow the established rule of thumb, by going for properties that have a driveway width of 3.1 metres. You should remember that the measurement is taken from the eve to the boundary. This seems to be one of the most misunderstood rules, as in the 14 years I have been in the property development industry, I have only encountered one planner who knew the rule existed and can be enforced.  If you want to be on the safe side, then observe the Res Code.