Common use of Property Adversely Affected Clause in Contracts

Property Adversely Affected. (1) If at the Contract Date: (a) the Present Use is not lawful under the relevant town planning scheme; (b) the Land is affected by a proposal of any competent authority to alter the dimensions of any Transport Infrastructure or locate Transport Infrastructure on the Land; (c) access to the Land passes unlawfully through other land; (d) any Services to the Land which pass through other land are not protected by a registered easement, building management statement or by statutory authority; (e) any competent authority has issued a current notice to treat, or notice of intention to resume, regarding any part of the Land; (f) there is an outstanding condition of a development approval attaching to the Land under section 73 of the Planning Act 2016 or section 96 of the Economic Development Queensland Act 2012 which, if complied with, would constitute a material mistake or omission in the Seller’s title under clause 7.5(2)(d); (g) the Property is affected by the Queensland Heritage Act 1992 or is included in the World Heritage List; (h) the Property is declared acquisition land under the (i) there is a charge against the Land under s104 of the (2) If no notice is given under clause 7.7(1), the Buyer will be treated as having accepted the Property subject to all of the matters referred to in that clause. (3) The Seller authorises the Buyer to inspect records held by any authority, including Security Interests on the PPSR relating to the Property.

Property Adversely Affected. (1) If at the Contract Date: (a) the Present Use is not lawful under the relevant town planning scheme; (b) the Land is affected by a proposal of any competent authority to alter the dimensions of any Transport Infrastructure or locate Transport Infrastructure on the Land; (c) access to the Land passes unlawfully through other land; (d) any Services to the Land which pass through other land are not protected by a registered easement, building management statement or by statutory authority; (e) any competent authority has issued a current notice to treat, or notice of intention to resume, regarding any part of the Land; (f) there is an outstanding condition of a development approval attaching to the Land under section 73 of the Planning Act 2016 Xxxxxxxx Xxx 0000 or section 96 of the Economic Development Queensland Act 2012 Xxxxxxxxxx Xxx 0000 which, if complied with, would constitute a material mistake or omission in the Seller’s title under clause 7.5(2)(d); (g) the Property is affected by the Queensland Heritage Act 1992 Xxxxxxxx Xxx 0000 or is included in the World Heritage List; (h) the Property is declared acquisition land under the (i) there is a charge against the Land under s104 of the (2) If no notice is given under clause 7.7(1), the Buyer will be treated as having accepted the Property subject to all of the matters referred to in that clause. (3) The Seller authorises the Buyer to inspect records held by any authority, including Security Interests on the PPSR relating to the Property.