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Forgotten something? Remember to check for unregistered easements when drafting a Queensland Contract.

We all know that ordering a title search is the first step when drafting a Queensland contract, but did you know the buyer may still be able to terminate the contract if you have failed to list any unregistered easements?

Locating unregistered easements can be as simple as ordering the As Constructed SIS Location Diagram from Council. This diagram will show easements that may not be registered, including sewer, water, storm water and fiber optic. Gold Coast City Council offers this search for a mere $23.00…. that seems like a small price to pay to ensure your contract is legally binding.

We recommend you undertake this search, along with the title search, before preparing any contracts for the sale of real property in Queensland.

Never use the wording ‘Refer to Title Search’ in the encumbrances section of the Contract. The encumbrance must be described in detail. For easements and covenants registered on title, use the exact wording from the title search.

For further information, contact Attwood Marshall on 07 5536 9777 or email info@attwoodmarshall.com.au.

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Jeff Garrett

Jeff Garrett

  • Legal Practice Director
  • Direct line: 07 5506 8201
  • Mobile: 0419 304 174