Creating an easement - what's the process? Needs to be surveyed?

[Apocalypse]

I'm brainstorming ideas for our home "block", whilst reading the provisions of the local council's Development Plan. Our home "block" is 2 acres, comprising 1 half acre allotment under 1 title, with the other title comprising 3 half acre allotments. All buildings are on the one lot title - the other 3 lot title is vacant. The allotments are set up in two rows of 2 - see the attached pic for more clarity.

The zoning is Rural Living - which is essentially residential on larger blocks. There is a minimum allotment size of 1 hectare for further subdivision - but there are a number of these "smaller" allotments around, which pre-date the Dev Plan restrictions.

The zoning speaks of a maximum of one detached dwelling per allotment. No semi's, units, etc. But it clicked the other day that it speaks of allotments - not titles. It is a relatively simple process to get the individual allotments assigned there own titles, but the issue is road access. The back two allotments have no frontage. Any realignment of boundaries to get a driveway-wide strip for each of the back ones would be impracticable, and potentially not even feasible...it could possibly scrape through council if the resultant realignment did not create any further allotments and maintained their current total areas...but this would result in unfavoured flagpole/battleaxe allotments, so I am pretty sure this would be ...difficult.

BUT...

If I could create easements to provide right of way and access to services like power and water, this could get around all of that. And pop a house on each allotment. I gather the minimum requirement is to get a solicitor/conveyancer to lodge the necessary paper work with the Lands Title Office, but

1. Does the land need to be officially surveyed? Or can the easement simply be "described" eg a 3m strip along one boundary? and
2. Does the council have any involvement - does the creation of an easement amount to "development" and hence require approval?

Many thanks for any opinion/experience.

 

[craigb]

The easment is their to have services such as power ,water and sewer, this is where, the government need to step in, its no good placing you easment in area a if the pipes are in area c, so run it by them,

 

[Apocalypse]

The easment is their to have services such as power ,water and sewer, this is where, the government need to step in, its no good placing you easment in area a if the pipes are in area c, so run it by them,

The less statutory bodies involved the better I reckon. Ultimately, I just want to know if creating an easement is considered 'development', and hence requires a fee for them to rubber stamp it...but my searching makes no mention of any Council involvement.

Anyway, I have discovered this document: http://www.landservices.sa.gov.au/5...resentation_Guidelines/PPG_PDF/PPG_Sec_12.pdf

Which suggests a certified survey is not required if the easement is relatively simple and and close to boundaries.

But I suspect a Conveyancer is necessary to make sure all the appropriate Lands Title Office documents are properly completed.

 

[josko]

Hi there Apocolypse,

I can't speak for SA but it sounds like you will need a Land Surveyor not a Conveyancer.

A Surveyor will know local council requirements and after doing the appropriate Land and Title Searches will be able to draw up your easement plan.

A good Surveyor will know most of the answers to these questions.

Regards JO