A public acquisition overlay (“PAO”) affected your property when you purchased it

You were unaware of the effect of the PAO (or the existence of a prior compensation claim) when negotiating to buy your property; hence, the price paid by you did not reflect the effect of the PAO on the development and use of your property.

Hypothetical fact situation

  1. Matt saw a property for sale on the highway.
  2. Matt negotiated the purchase without the assistance of a town planner, valuer or solicitor and without being aware of the proposal for a future widening of the highway.
  3. The price paid by Matt made no allowance for the effect of the PAO (or the prospect of subsequent compensation being paid to the vendor).
  4. The vendor has not made a successful claim for compensation[1].
  5. Matt now wishes to sell the property but, before signing a contract, he wants to explore his rights and entitlement to compensation (if any).

If your situation is similar to Matt’s, can you answer these questions?

  • Do you know your rights and obligations which arise from these circumstances?
  • Do you have any entitlements to compensation?
  • What happens if the PAO is removed from the planning scheme or the Authority dispenses with its proposal?
  • How is a claim for compensation triggered?
  • How is a claim for compensation made?
  • Can you fully explain the effect of the PAO or other Authority proposal to your agent?

How can we help?

We can help by:-

  1. Identifying the precise area affected by the PAO (if only part of your property is affected);
  2. Explaining the purpose of the PAO and the potential timing of the compulsory land acquisition;
  3. Explaining the benefits in retaining a valuer and other professionals to assist in determining the market value of your property to aid in negotiations;
  4. Explaining the manner in which the existence of the PAO should be disclosed to the purchaser in satisfaction of your disclosure obligations;
  5. Explaining the likely manner in which the purchaser and his successors will view the PAO and their future compensation rights (if any); and
  6. Explaining the likelihood of you being able to trigger a claim for compensation and its prospects of success.

Once you are fully informed, we are able to manage any course you wish to pursue.

The making of an appointment

Please make an appointment with us by telephoning one of our solicitors – Selina Clark (03) 9861 7731, Lauren Sullivan (03) 9861 7715 or Desmond Khoo (03) 9861 7763.

At this appointment, please bring the completed Client Information Sheet and as much of the documentation listed therein as you are able to gather as this will aid in the giving of advice.

[1] If the vendor did  make a claim for compensation, the view of the purchaser and his successors may well be different.