Can easement be built on
- Thread starter eggnog
- Start date
It depends on what the easement is for.
Sewer / storm-water: You can dig the whole thing up and encase in concrete to the spec from the council engineers - essentially meaning that it never needs to be accessed again to fix or repair. Then you can build over it.
Overhead powerline access - probably not, as they need to get access to fix.
etc etc. - so what's it for will determine AND then, what is your budget for encasing in concrete if you can.
Sewer / storm-water: You can dig the whole thing up and encase in concrete to the spec from the council engineers - essentially meaning that it never needs to be accessed again to fix or repair. Then you can build over it.
Overhead powerline access - probably not, as they need to get access to fix.
etc etc. - so what's it for will determine AND then, what is your budget for encasing in concrete if you can.
Yes, or you could look at the title (in the contract) - it will say "easement created for xxxx" - where xxx is the reason
Within Australia there are many different types of easements.
Usually Council has details on only stormwater, sewer, electricity & gas infrastructure. Board Sewer has an implied easement over it. House & unit sewer lines don’t have implied easements over them, so the easement if it exists would be noted on the Title. Stormwater may or may not have an easement over it. If the stormwater easement is not noted on the Title then Council may have some rights. Other infrastructure services may or may not have similar rights.
Infrastructure easements can often be built over at the discursion of the group (Council / utility) that the easement is in favour of.
Most other easements (drainage, right of carriageway, right of services etc.) are noted on the Title. It is unusual that you can build over these easements. It really depends what is contained within the easement documentation associated as described on the Title.
Beware that infrastructure easements may not be noted on the Title. It is appropriate to search council records thoroughly & check dial-before-you-dig plans.
Usually Council has details on only stormwater, sewer, electricity & gas infrastructure. Board Sewer has an implied easement over it. House & unit sewer lines don’t have implied easements over them, so the easement if it exists would be noted on the Title. Stormwater may or may not have an easement over it. If the stormwater easement is not noted on the Title then Council may have some rights. Other infrastructure services may or may not have similar rights.
Infrastructure easements can often be built over at the discursion of the group (Council / utility) that the easement is in favour of.
Most other easements (drainage, right of carriageway, right of services etc.) are noted on the Title. It is unusual that you can build over these easements. It really depends what is contained within the easement documentation associated as described on the Title.
Beware that infrastructure easements may not be noted on the Title. It is appropriate to search council records thoroughly & check dial-before-you-dig plans.
