My name is Chris from Moore creek near tamworth
I am reaching out to you fro advice if possible as I have exhausted all other avenues.
I have a unique legal matter
I purchased a property in Moore creek as a first home buyer about 18 months ago
Since then a undocumented irrigation well had subsided under the slab of my house and subsequently the house is sinking into it
Basically making my property worthless.
The house part of the dwelling in question was built in 1988 and the owner of the property would have been aware of the well when performing earthworks but due to the fact that it would have stopped construction it appears they ad hoc covered it up so they could continue construction.
The DA would never have been approved if it was made known to council for various reasons.
Since then once I took possession the well has subsided as it was never covered properly and now my house is cantilevering over it at one corner.
I first lodged a insurance home insurance claim that was rejected.
I also purchased title insurance on the property when I purchased it and lodged a claim on title insurance once the well was discovered.
I was advised that I could not claim on title insurance as they will only pay when a authority for example council demands I rectify the structure.
I was advised by a solicitor to call in council to order a building information certificate that would be rejected and they would demand I rectify the structure to put pressure on the title insurer to pay the claim. I did so and council did not issue the building information certificate but did not condemn the dwelling and will not demand I rectify the structure so that claim has been rejected.
It is my opinion that either the owner who built over the well should be liable, the council for signing off on it, the home insurer or the title insurer.
There was no mention of this well in any records on the property.
Also since the dwelling was constructed in 1998 a pool had been build on the property in 1998 near the well I have all the approval documents. When I looked into the well after is fell in I noticed there was a bucket of pool chlorine in the well which I have photos and videos of which means that when they were installing the pool fence which goes above the well it had been uncovered again and they threw in the bucked and not told anyone and just covered it over again.
In reality the house should have never been built in that location or the well should have been decommissioned properly, filled and capped to structural engineers requirements, council notified and DA Amended.
Now im am stuck with a house subsiding into a well that I cannot sell if I wanted to, nobody willing to cover the extensive costs and for the life of me cannot find a solicitor willing to take it on as a case.
Any Help would be much appreciated as im out of options