Hi everyone!
I'm a new poster that's seeking some specific advice.
I am a first home buyer (PPOR) with an eye on a certain property located in a suburb in Sydney, with a view to developing it into a larger house, again as the PPOR. The only problem is that it has a stormwater drainage easement on the property granted to the local council. There is an outline of the easement in this picture here
Now, from browsing on this forum, I believe this is not one of those easements that you can concrete-encase (but I could be wrong!).
There are two issues with this particular easement that I would like clarification:
1. The registered easement on the title is a diagonal that is not actually following the direction of the pipe itself (according to the surveyance picture above). How easy would it be to get the registered easement officially changed to reflect the real way in which the pipe is laid out? What is the process involved? (This would yield me a significant amount of extra build-space)
2. What is the likelihood that I can change the drainage easement so that instead of it cutting significantly into the property, it can be re-routed so it runs vertically down the right hand side of the property, and then horizontally across the front of the property? Would the council usually approve this? And what kind of cost are we likely talking about.
I appreciate the advice on this forum, and as I currently don't have legal advice, if someone can recommend a legal professional in Sydney with expertise in this matter (as well as to help with the conveyancing and the contract), please PM me that as well.
Many thanks!
I'm a new poster that's seeking some specific advice.
I am a first home buyer (PPOR) with an eye on a certain property located in a suburb in Sydney, with a view to developing it into a larger house, again as the PPOR. The only problem is that it has a stormwater drainage easement on the property granted to the local council. There is an outline of the easement in this picture here
Now, from browsing on this forum, I believe this is not one of those easements that you can concrete-encase (but I could be wrong!).
There are two issues with this particular easement that I would like clarification:
1. The registered easement on the title is a diagonal that is not actually following the direction of the pipe itself (according to the surveyance picture above). How easy would it be to get the registered easement officially changed to reflect the real way in which the pipe is laid out? What is the process involved? (This would yield me a significant amount of extra build-space)
2. What is the likelihood that I can change the drainage easement so that instead of it cutting significantly into the property, it can be re-routed so it runs vertically down the right hand side of the property, and then horizontally across the front of the property? Would the council usually approve this? And what kind of cost are we likely talking about.
I appreciate the advice on this forum, and as I currently don't have legal advice, if someone can recommend a legal professional in Sydney with expertise in this matter (as well as to help with the conveyancing and the contract), please PM me that as well.
Many thanks!
