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Requisitions on title

Under the Law Society of Tasmania Standard Form Contract, Vendors must answer valid Purchaser questions about the Vendor's ownership rights and contract obligations honestly and to the extent of their knowledge but:

  • need not make any enquiry or search to find out what they do not know.
  • may decline to answer enquiries that are too wide or irrelevant to the Vendor contract obligations.
  • may be liable in damages for concealing or false answers to induce the purchaser to settle.
Requisitions on title
2. Is that access a public road maintained by council?
3. Are there any mortgage, easement, licence, restriction, encumbrance, covenant or conditions as to use, not disclosed by title or Council searches to which the Property is subject?
4. Are there any sewer, stormwater, or other mains, drains, sewers or pipes on, through or under the Property?
5. Are there any notices, agreements or liabilities for boundary fences?
6. Do any person other than the vendor have rights to remove structures or fixtures on the Property?
7. Are any goods included in the Contract subject to security interest or claim?
8. Has any person acquired any rights by adverse possession over any of the Property?
9. Other than rights that apply to all Tasmanian land, are there mining rights over the Property under the Mineral Resources Development Act 1995 or any other relevant Act?
10. Are there energy or telecommunications supply easements or contracts affecting the title to the Property?
11. Other than usual domestic connections, is there energy or telecommunications equipment affecting the Property?
12. Is there any energy or telecommunications notice that may interfere with the Property?
13. Is there any agreement or right to cut or remove vegetation or timber affecting the title to the Property?
14. Are there any restrictions on use of the Property not disclosed by title or Council searches?
15. Are there any government notice about roads, footpaths, drains, channeling, sewerage, water installation, storm water, encroachments, user or any other matter in relation to the Property, not disclosed by title or Council searches?
16. Is the Vendor subject to any legal disability such as infancy, bankruptcy or, being a company in official management or liquidation, which would render any disposition of the Property void or voidable?
17. Who is in occupation of the Property and in what capacity?
18. Is there any lease affecting the Property?
19. Are there any amounts due for rates, taxes, road or street construction, drainage, sewerage or water connection in respect of the Property, not disclosed by Council searches?
20. Is there any variation between the measurement of the Property as occupied and as shown on the title plan?
21. Is there any right of passage or easement over or upon the Property, not recorded on the title?
22. Is any part of the Property affected by any declaration Part 9A of the Mineral Resources Development Act 1995 or that is unstable or subject to risk of earth movement.
23. Has any proclamation been made under the Water Management Act 1999 which affects the Property?
24. Are there any water or dam rights applicable to the Property?
25. Are there any pollution or similar substance that may breach the Environment Management & Pollution Control Act 1994 or related investigation by any Government authority affecting the Property?
26. Has there been any registration with or communication from the Tasmanian Heritage Council?
27. Is there any action in relation to the Property under the Neighbourhood Disputes About Plants Act 2017?
28. Is there any breach in relation buildings other than domestic dwellings of the requirements regarding Essential Building Services under Part 7 of the Building Regulations 2016?
29. Is the Property a Workplace under the Work Health and Safety Act 2012 and required to have an Asbestos Register?
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