A residential contract requires the Seller to inform or provide the Buyer with a copy of document relating to disputes (if any) between the Seller and neighbouring property owners about dividing fences. These documents are:
a) notices to fence from a neighbour;
b) applications to Queensland Civil and Administrative Tribunal (QCAT) for fencing; or
c) QCAT orders for fencing affecting the property.
In the contract:
a) the Seller is required to warrant that there will be no unsatisfied fencing notices, applications or orders existing at settlement; and
b) if there is an unsatisfied notice, order or application exists at settlement, the Buyer may be entitled to terminate the contract or claim compensation from the Seller.
QCAT search result does not reveal the presence of any applications in relation to trees that have not yet resulted in an order. This application can only be discovered by a physical search of the QCAT register. We recommend the Buyer instruct their respective solicitor to have a search agent conduct this search.
The Seller must promptly give the Buyer a copy of any notice, proceeding or order, received after the contract date.
The Seller must not give any notice, seek or consent to any order or agreement without the Buyer’s prior written consent after the contract date.