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| Byron Shire in the Sewer |
| The recent case Byron Shire Council v Vaughan and ors highlights the importance of pre-purchase inquiries and searches including identification surveys. |
The Vaughans purchased a property in 1987 including a house which adjoined property owned by the Council. Unbeknown to the Vaughans, 35% of the house was erected on the Council’s property. Council subsequently applied to the court for removal of the house or an order for compensation. Neither Council or Vaughan had obtained survey reports when purchasing their properties. |
The Vaughans however had obtained a sewerage connection diagram which indicated the house was located within the boundaries of the land. The sewerage diagram had been prepared and issued by the Council. The Court found that the diagram was reasonably capable of influencing the Vaughans to purchase the land without obtaining a proper survey report. The Council’s application failed. |
We always recommend that purchasers obtain identification surveys. |
