Road Acquisition Inquiry
The client is interested in purchasing a gravel road owned by a local council in Victoria, which serves as the only access to their property, a battleaxe block. They have contacted the council to understand the process and have estimated the cost of acquisition, including taxes and fees, to be approximately AUD 30,000. The client is unaware of any zoning or planning restrictions related to the road and has not yet consulted with a real estate agent. They are concerned about ongoing maintenance costs due to road deterioration, primarily caused by the neighbour's multiple vehicles, and aim to complete the acquisition within 4 months.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps do I need to take to initiate the purchase of the council-owned road?
To initiate the purchase of the road from the local council, you should first formally express your interest in writing, detailing your intentions and the specific property. Request information about the sale process, including any required applications or forms. Additionally, arrange for a land survey to confirm property boundaries and assess the road's condition. Engaging with a solicitor experienced in property acquisitions is advised to ensure compliance with legal requirements. The local council can provide more specific guidance on the procedure and necessary documentation.
Are there any zoning or planning restrictions that might affect my use of the road once purchased?
In purchasing the road, you may face zoning or planning restrictions that could affect its use. These restrictions are typically governed by the local planning scheme, which specifies permissible land uses and development criteria. Since the road is the only access to your property, it's crucial to check if any overlays or specific conditions apply to its use or any intended modifications. Review the local planning scheme and consult with a town planner or the council's planning department to identify any constraints or necessary permits.
What costs, including taxes and fees, should I anticipate throughout the purchasing process?
When purchasing a council-owned road, you should anticipate costs that may include the purchase price, legal fees for conveyancing, and stamp duty. The estimated purchase price is around $30,000, but confirm with the council. Legal fees for conveyancing can range from $1,000 to $3,000. Stamp duty will depend on local regulations. Additionally, consider costs for title registration, potential land survey fees, and any road maintenance obligations.
Are there any potential legal liabilities or responsibilities that I should be aware of as the owner of a former council-owned road?
As the owner of a former council-owned road, you may face several potential legal liabilities and responsibilities. You will be responsible for ongoing maintenance and repair of the road, which can be costly. You could also be liable for accidents or injuries that occur on the road, making liability insurance worth considering. Furthermore, since the road provides access to a neighbour, you might have obligations regarding easements or rights of access, which could require legal clarification.
