Question
Emelia has come to you for advice in relation to the sale of her residential house in Grantham, a suburb of Sydney. Emelia explains that
Emelia has come to you for advice in relation to the sale of her residential house in Grantham, a suburb of Sydney.
Emelia explains that her house is an older dwelling having been built over 50 years ago. She has had an ongoing boundary dispute with a neighbour for many years and there has also been an ongoing issue with NSW Roads and Maritime regarding a road development plan for a road near the property. However, nothing has happened regarding this for several years. Basically, she has decided she has put up with the problems long enough and now wants to sell up and move on. However, she emphasises with you that she doesn't want these matters brought up in the sale as she feels it could potentially affect how much she can get for the house. She explains that she has already contacted Ridgy Didge Real Estate that she found online. Jai from Ridgy Didge has explained that they can advertise the property online with 3D video display. Jai has recommended an auction sale, but Emelia is unsure about this. However, Emelia says she wants a quick sale with a maximum return and Jai has said he can absolutely guarantee that. Emelia has said to you that she is she is happy to sign whatever forms are needed and wants to sign a contract as soon as possible but she does know much about the legal process although she has heard everything has gone electronic. Emelia says she has heard that there are different ways a deposit can be paid by the purchaser and wants to know if there are any alternatives which might be better for her to consider. Amelia also mentions that there has been some sewer works in the rear of the property a few years back.
You have said you will start the process of preparing a contract of sale for the property and obtain the necessary supporting documents through the usual searches and inquiries. The next day you receive the sewer diagram from Sydney Water, but it doesn't not reveal the new sewer Emelia referred to in the initial consultation. You have also received the result of the title search from NSWLRS and notice it includes the following notification:
'Limited Title. Limitation Pursuant To s28T(1A) Of The Real Property Act 1900. The Boundaries Of The Land Comprised Herein Are Not Sufficiently Defined To Enable The Creation Of An Ordinary Folio Of The Register'.
A further search of this unusual notification which you haven't seen before takes you to the following website
Emelia has phoned and left a message saying she is coming in later that day to sign the contract.
Required
In preparation for the meeting with Emelia:
(a) Document the property law and conveyancing issues which arise from the fact scenario in a way that Emelia can best understand. You must support your answer with reference to relevant legislation and case law.
(b) Comment on the benefits and risks of using technology in relation to the sale of Emelia's property.
(c) Explain how you will need to deal with what you discovered from your title search with NSWLRS and how that may affect the conveyance of Emelia's property.
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