Easement

[Tony Young]

Hi

Anyone gone through the process of issuing a writ to get the court to grant an easement after all reasonable negotiations with downstream neighbours for stormwater piping and overlandflow have fallen on deaf ears?

Interested to hear if the;

time,
money, and
anguish

was worth it.

Regards
Tony

[MichaelW]

Tony,

Sorry can't help you. Our place (battle axe) came with all the easements in place so we didn't have to fight with the neighbours over them. Mind you, they still use the inclinator on our access easement to get to their own places and we could conceivably stop them doing this as its on our easement.

Oh, and my front neighbour refused to acknowledge my easement to park on his property for a long time. Took him to go to his lawyer and for them to admit I was right for him to stop parking in my carspace. Don't we just love easements and all they bring! I've actually started the process of buying the carspace easement land off him so I can build a garage but that's a whole other story.

My advice is to head on off to the land and environment court with it and see how you get on. My wife is a tipstaffer to one of the judges there and reckons they're all pretty pro-development National Party blue-bloods. You should be right, but it won't be fun.

Cheers,
Michael.

PS This post is a bit of a gratuitous bump 4 ya as I noticed you'd slipped off the front page of new posts with no replies to a new member query! ;)

[Tony Young]

Hi Michael

Thanks for sharing your story.

According to my hydrolic engineer, this whole easement thing isn't necessary as he can "prove" on paper the water from the site can flow directly off the development and on to the street. It was only after 7 (yes 7) revisions were requested by the council engineer (who BTW has the final nod on the DA) did I finally work out I was a slow learner as I discovered the council engineer just didn't like my guy and had always wanted the water to go off site via a rear downstream neighbours in the first place.....

This is where it gets hard as after seperately discussing the issue with all 3 of the downstream neigbours they all refused to grant an easement, (even after I offered ridculous amounts of money).

So it seems, for me to get the DA up my only option left is to issue a writ.....

So if you have done this I would appreciate reading of your journey.

tony