We have a property which was part of a 2005 in-fill development, the townhouse was built in 2005. We bought last year - today I got a letter from the Council telling us to sign a license for an encroachment of part of our drive way over legal road.
Surely an encroachment should show on the title? The driveway in question is a part of an easement which we have access (and other rights) to but don't actually own. There is no indication on our title of any encroachment over Council (or other ) property
Before we bought the council property report came up with "no encroachments are recorded on this property".
The amount of money asked for is trivial - $1/year plus $76 or something for the signing the contract - but my concern is that the Council reserves the right to approve any purchaser we may sell to in order to sign them up for the license - oh and the Council can change the terms of the encroachment at any time.
In fact I can't even see where the whopping 1.49m2 is - they claim a retaining wall - but all I see is a sloping driveway.
So what can the Council do if I ignore this? Can they force us to sign something retroactively?
Surely an encroachment should show on the title? The driveway in question is a part of an easement which we have access (and other rights) to but don't actually own. There is no indication on our title of any encroachment over Council (or other ) property
Before we bought the council property report came up with "no encroachments are recorded on this property".
The amount of money asked for is trivial - $1/year plus $76 or something for the signing the contract - but my concern is that the Council reserves the right to approve any purchaser we may sell to in order to sign them up for the license - oh and the Council can change the terms of the encroachment at any time.
In fact I can't even see where the whopping 1.49m2 is - they claim a retaining wall - but all I see is a sloping driveway.
So what can the Council do if I ignore this? Can they force us to sign something retroactively?
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