Property & Real Estate
Some Public Utility easements in Queensland never appear on a Title or RP Data search — and failing to disclose one can cost you the sale on settlement.
There are unregistered Public Utility easements in Queensland that do not show up on Title or RP Data searches.
These unregistered easements favour a Public Utility Provider and can include sewerage and stormwater mains pipes under the property.
Unregistered Public Utility easements fall within an exception under section 369 of the Land Act 1969 (Qld) and sections 81A and 89 of the Land Title Act 1994 (Qld), and are not required to be registered on title.
The only sure way to identify unregistered easements is to conduct a Local Government search — because developers must register infrastructure plans prior to construction. Most property owners don't know there are unregistered easements burdening their property until such time as they perform Local Government searches.
If your property is burdened by unregistered easements, you must disclose the easement when preparing a sale contract — failing which the buyer may be entitled to terminate and claim damages against you.
Sale by auction offers no protection.
That all said, there are qualifications on the buyer to terminate a real property sale contract. Those determinations are subject to the factual circumstance of each case and require legal investigation.
Should it be the case that your property is burdened by an unregistered easement, give us a call before you list — disclosure done early is cheaper than disclosure done late.