It’s the dream of many Queenslanders to have a home right on the waterfront, with access to your very own jetty or pontoon.
Before diving into purchasing a property with water access, there are a few legal issues to consider.
Leasing arrangements for jetties and pontoons
Firstly, what are the leasing arrangements for the jetty or pontoon? In some council areas, the use of the jetty automatically becomes yours when the property is purchased, but in other areas, the lease for the structure is on a separate title. You might need to take out insurance that specifically refers to the jetty and the lease, so it’s important to make your conveyancer aware of the pontoon at the start of the process. Lease agreements may include maintenance responsibilities, usage rights, and fees, so don’t forget to budget for any ongoing costs associated with the jetty lease.
Council approval for jetties or pontoons
Secondly, does the jetty or pontoon have council approval? It’s crucial to do your research on this one, as it could be costly down the track if you find the jetty was built without approval.
Special considerations for Gold Coast properties
Thirdly, is your property located at the Gold Coast? If so, there are special considerations you need to be aware of. It’s important to ensure the contract includes a “Local Law 17 special condition” which outlines the regulations for waterfront structures. This clause should address several issues, including who is responsible for maintenance, any outstanding notices issues by the local council, and if there are prescribed works on the lot.
Riparian rights and access to the water
Fourthly, check the riparian rights and access. This refers to the legal rights of property owners to access and use bodies of water that are adjacent to their land. If you’re buying a house that comes with its own jetty or pontoon, make sure you clarify any shared-use agreements with neighbours, and make sure you understand any easements or restrictions that affect your access to the structure.
Environmental factors to consider
And finally, make sure you consider the impact of tides, erosion, potential flood zones, and other environmental factors that could affect the safety of your jetty.
Get expert help for your waterfront purchase
When buying waterfront property, the right lawyer can help ensure you’re ready to launch the tinny or throw a line in from day one.
The conveyancing and property experts at GLG Legal are here to help you. Contact our office today to make an appointment, by calling: (07) 3161 9555 or email: info@glglegal.com.au