When money is tight and you are struggling to keep within a budget, you may feel tempted to cut as many corners as you dare. This is risky and can also end up costing you a lot more than the modest investment in getting professional help right at the beginning.
Take the problem of restrictive covenants as one example of the hazards that people buying land or homes may face. A typical constraint may be the type of building materials that must be used, such as brick construction and tile roof.
Problems begin to arise when the Council, not knowing about the restrictions placed on the title of land, approves a design that breaches the covenant. The proud owner, on moving into a newly built home, may soon find that it is unsaleable because the restrictive covenant has not been complied with.
Of course, the neighbours may not be interested in objecting to the breach of the covenant, but it can be an expensive and time consuming business to get everyone’s consent to vary the covenant to allow the house to stay in the form it is.
With their consent, you will probably have to apply to the Supreme Court for special approval excusing the non-compliance. However, problems of this kind are easily avoided.
The way to make sure that you do not build in breach of a covenant or buy someone else’s problem is to have an experienced conveyancer or solicitor look after you when you buy your house or land.
Conveyancing is highly skilled work and takes into account a host of considerations going far beyond the exchange of money for the key to the door. Although often portrayed as fairly routine work, the process of moving land title from one owner to the next is fraught with countless opportunities for loss and disappointment.
The skill of the conveyancer or solicitor is to steer the client around the pitfalls and bring the transaction to a smooth and timely conclusion. The very nature of land and buildings, and our need for a system of proving title to an immovable object of great value, have created a complex maze of laws. And the work of the town planners and taxing authorities have added to the complexity.
For most people, buying a home is the biggest single financial transaction they will ever undertake and the one most tied up with legal complexities and the potential for things to go wrong. For peace of mind, it is vital to get good legal advice when you need conveyancing services. The best place to look is at the office a local law firm that knows the local legal landscape.