How Adverse Possession Can Affect Buying A Block

Did  you know its still possible to take over ownership of someone else’s private land?

This makes it important to check the Land Title Plan dimensions against the actual site dimensions of your new house block for the following reasons:

  • If the actual dimensions are bigger it doesn’t mean the seller owns the ‘extra’ land unless they can demonstrate adverse possession.
  • If the land is smaller a neighbour may have ‘acquired’  ownership by adverse possession.

Either way you could be in for a considerable amount of legal costs to get the ownership of the land sorted out.

Adverse Possession

Adverse Possession is when someone becomes the owner of land through continued exclusive use of that land.

Limitation Period

Before land can be obtained by adverse possession there has to be continued use use of the land for an extended period. That period is different for the various states as follows:

  • Victoria, 15 years
  • South Australia, 15 years
  • New South Wales, 12 years
  • Western Australia, 12 years
  • Tasmania, 12 years
  • Queensland, 12 years

Crown (Government) Land

With the exception of New South Wales and Tasmania you cannot claim Crown Land. In those two states a longer (30 year) limitation period applies.

The reasons are that it is harder for a government to keep an eye on its lands, and it is assumed that the government hold possessions for the public good, despite any apparent neglect.

How Adverse Possession Claims Work

Adverse possession means not mere occupation but also actual physical possession in an open and peaceful manner, without consent of the original owner.

Any form of permission ( a licence, a lease, or an agreement to use the land), and the claim of adverse possession will fail because it will be clear that the owner gave consent for use with no intention to pass over ownership.

Proof to the Titles Office in your State that the land has been  occupied for the entire period of time is required.  

Evidence will be, that as a minimum, at least one of the following has occurred for the whole of the limitation period :

  • A secure fence has been in place without challenge ;
  • ‘Keep Out, Private Land’ signs have been erected without challenge;
  • Payment of rates and taxes.

The information in this post is of a general nature and you should not try to deal with adverse possession issues without involving a lawyer.

 

For more Information why not look at: anewhouse Guide to Buying a Block

 

 

 

Investment Property or New Home

Guest post by Callum Scott of Scott Finance

Are you building for yourself? . . . or will it be a rental property?

Over the last part of the 20th century home ownership has been around 70% but has now slipped to 67.5%.

Why has this happened and will this trend continue?

Is it an affordability issue?

Mortgage Choice’s ‘Future First Home Buyer Survey’ found that nearly 32% of renters polled said that they would continue renting longer to save for a deposit.

A study by the Australian Housing and Urban Research Institute (AHURI) found that over the last 20 years the number of ‘Long Term Renters’ (more than 10 years) renters has increased from 27% to 33.4%.

ABS, Housing Occupancy and Costs 2011-12 shows that on average,  tenants spend 20% of their gross income on housing. After income tax and living expenses, this does not leave a lot to put towards a housing deposit.

Although house building prices seem to be competitive will land prices continue to rise?

Unless salaries keep up,  it all becomes tougher.

Perhaps with mortgage interest rates at a historic low and with lenders fiercely competitive in the deals they are currently offering. This may be the time to make a move to build a new investment property? . . . . . Just make sure you have done the calculations so you can deal with future rate rises!


For no cost advice about new house finance contact: Scott Finance

 

Floor Space Ratio, or Plot Ratio

When you are buying a new house block it’s important you understand how much of the block you can build on!

One way in which NSW councils prevent Over development is by prescribing a ‘Floor Space Ration’ (FSR). The same principle applies in WA but is called ‘Plot Ratio’.

The FSR of buildings on a site is the ratio of  ‘Gross Floor Area’ to Total Site Area.

Gross Floor Area is defined as – The sum of the internal floor area of each floor of a building  measured at a height of 1.4 m above the floor.

It includes  habitable rooms in a basement or an attic.

It excludes:

  • Stairs
  • Voids above a floor in 2 storey properties.
  • Non habitable storage including basement areas
  • Vehicular access and car parking
  • Terraces / Balconies with outer walls less than 1.4 metres high, and

To calculate, you multiply the site area by the FSR ratio.

For example

For a 800sqm site and a FSR of 0.5:1

Maximum Floor Space = 800 x 0.5 =  400sqm.

See Restrictions for  more posts  about what you can do on your land

 

 

Charged Rainwater Collection

Thanks to SaveH2O, of Supadiverta

This diagram indicates a charged rainwater collection system. These are sometimes called either a “wet” or a “pressure” system.

 

NB. This diagram has been simplified for clarity.  A leaf diverter, and an adequate overflow, must also be fitted.

With this type of system a section of the pipework always remains full.

As the pipes are under pressure it is essential all the joints in above ground and underground pipework are fully watertight.

 

ADVANTAGES

  • Allows you to discharge water at a height above the ground level at the down pipe (But not at the top of the tank – see the post: Inlet Improvements)
  • Neater than above ground pipework
  • Additional down pipes can be connected without diverting pipes along walls.

 

DISADVANTAGES

  • It is more likely to block as the flow through the pipes can be fairly slow and the low points can collect silt. (It is also more difficult to unblock.)
  • Higher cost than above ground systems due to trench excavation, and additional inspection fittings.
  • Potential for mosquito  breeding  in water unless appropriate screes are installed.
  • Harvesting additional downpipes  without adequate overflow capacity can result in the tank overtopping during heavy rain.

 

Also see Underground Pipes

 

Overflow Fail

Lucky it wasn’t raining when I was walking down this Melbourne street !

 

Not only does this rainwater tank discharge the overflow over the footpath. . . It discharges it at shoulder level.

 

It’s sad but I don’t have to look hard to see examples of dodgy trade practices as I travel round Melbourne.

 

For more Fails and unusual houses go to What the………….?

 

Insulation Basics – Double Brick Walls

I have previously carried out a worked example of the insulation of a Brick Veneer Wall, so as a comparison here is double brick wall.

I have also shown (in brackets) the effect of using a hebel block in place of one of the brick ‘leaves’:

Element

R value

Outside surface air layer

0.03

110mm brick

0.08

25mm cavity

0.12

110mm brick (*or 125mm Hebel Block)

0.08 (*0.81)

Plasterboard 10mm

0.08

Inside surface air layer

0.12

Total R value

0.51(*1.24)

U value = 1/R

1.96 (*0.81)

The heat losses or gains for 150 sq m (fairly typical external wall area) of this type of double brick  wall at 15 degrees above, or below, outside temperature will be:

Area x ‘U’ x temperature difference = watts per hour

150m2 x 1.96 x 15degrees = 4410watts per hour

Heating/Cooling Requirement = 4.41kw/hour

Using Hebel for one of the leaves will improve the heat loss as follows:

150m2 x 0.81 x15degrees = 1822watts per hour

Heating/Cooling Requirement = 1.82kw/hour

Still not as good as the 1.17 kw/hour of the typical brick veneer construction

Don’t forget heat is also lost through windows, ceilings floors and ventilation.

 

See Insulation for similar Posts

For Posts about Green Building see Sustainability

 

Australian Standards

A lot of people people misunderstand how Australian Standards apply to Contracts so here is a quick guide.

Standards Australia

All Australian Standards (AS) are published by Standards Australia. which is a non-government organisation.

It’s role is to meet Australia’s need for relevant standards for quality in goods and services that are also consistent with international standards.

Individual Standards

Each standard is a document specifying how a product, service or system can be practically obtained safely, reliably and consistently.

Role of Standards in Law

Australian Standards are not ‘Legal Documents’ and there is no automatic requirement to carry out any work or service to an Australian Standard unless:

  • A Government Law, or Regulation, (Such as the Building Code of Australia BCA) requires that an Australian Standard applies; or
  • The Specification for the project states that an Australian Standard will apply.

Even where an Australian Standard is mentioned you will quite frequently see words like: “or alternative that is deemed to satisfy the intent.”

Summary

Just because you are building in Australia don’t assume that Australian Standards will protect you as they may not even apply to the contracted work.

 

To understand the role of the Specification see: Contract Documents

 

Glaring Fail

Here is a new town house development in Melbourne.

Just a couple of ‘small’ problems

  • Those huge master bedroom windows face west so they are going to get the summer sun all day from around 2.00pm until late in the evening.
  • What makes it worst is it has full length mirrored wardrobes on the North Facing Wall

With the glare you will need to be wearing sunglasses just to go into the room. On a hot day it’s going to be around 60 degrees plus!

 

For more Fails and unusual houses go to What the………….?

 

Overlooking – Avoiding ‘Direct Lines of Sight’

When considering Overlooking you need to avoid having a ‘Direct Line of Sight’ into:

  • A  Habitable Room window. (The following link explains what a habitable room is: Habitable Room )
  • A Secluded Private Space – Area primarily intended for outdoor recreation activities screened for at least 90% of its perimeter by a wall, fence or other barrier that is at least 1·5m high.

 

Window Location

Windows are not considered to be overlooked if:

  • One of the rooms in considered ‘Non- Habitable’ ; or
  • There is a minimum offset of 1·5m from the edge of one window to the edge of the other; or
  • The sill height of the ‘Overlooking’ window is at least 1·7m above floor level.

 

Obscured Window View

Another solution is to obscure the “Direct line of Sight’ by:

  • Installing frosted glass or other obscured glazing in any part of the window below 1·7m above floor level. (Any window opening, when open, should not provide a direct line of sight) ; or
  • Obscure with a permanent, fixed screen that has no more than 25% of its area open. An example of this type of screen is pictured below.

 

Screening Raised Open Spaces

A raised open space is considered to not Overlook a ‘Habitable Room’, or ‘Secluded Open Space’, if the ‘Direct Line of Sight is obscured by a permanent and fixed screen which has no more than 25% of its area open.

 

Non – Complying Designs

It may be possible to obtain consent for a non-complying design following a report to the council,  although this will be difficult and is unlikely to endear you to your neighbour . . . . . Not Recommended!

 

Also see the post: Direct Line of Sight

Exit mobile version