Easement - Developers advice needed

[LoneWolf]

Folks, if you see the attached piece of land with easement running across the middle, how does this cause problems with future development plans, please comment.

Will you avoid this kind of stock all together?

 

[MichaelW]

Depends what sort of easement it is. But I'd probably avoid it. Typically the easement can't be developed so would seriously limit your new development footprint.

Some easements can be built over though. If its a water pipe or something like that then you can still develop over the top so long as it can be ripped up if need be in the future to fix a problem with the pipe.

In short, I avoid properties with easements running through the middle. Too much heartache.

Cheers,
Michael

 

[LoneWolf]

Michael, did you see my attachment? that line with dotted lines running across the middle is defiantly easement, right?

 

[Aaron_C]

Avoid it...too many unknowns about it.

 

[chilliblue]

It is only a problem if:

- you ignore and proceed and if it does not exist

- you need to build over it

- 24/7 access is needed

- you do not factor the loss of land in value because of the easement.

Due some due diligence and find out what the easement is for, how it impacts that property and if you are willing to live with its requirements.

 

[LoneWolf]

It is only a problem if:

- you ignore and proceed and if it does not exist

- you need to build over it

- 24/7 access is needed

- you do not factor the loss of land in value because of the easement.

Due some due diligence and find out what the easement is for, how it impacts that property and if you are willing to live with its requirements.

Some of the questions you listed above, can they be answered if I call its local council?

 

[chilliblue]

Yes. Just have the Lot and DP number (or address) when you call Planning at the Local Council.

Good to have the plans and a visual map when you are talking.

 

[Spades]

A question for the developers,could you get away with building over an easement via eg: Qlder type house on stilts?

Cheers Spades.

 

[S.T]

Is it overhead power lines? I looked at a house with similar once.

 

[Aaron_C]

A question for the developers,could you get away with building over an easement via eg: Qlder type house on stilts?

Depends on the type of easement. Generally you can't build anything structural on it at all like a house. A car port yes. We had a similar problem so we have to leave a 2m gap I think over it.

 

[Spades]

Hi Aaron,

Thanks...So if you can build a carport,why not a house on stilts where access to easement is not an issue.Doable?

Cheers Spades.

 

[Aaron_C]

Even if the house is on stilts you need an unobstructed access for a bobcat / other machinery as needed. I doubt a house on stilts would satisfy that criteria.

 

[Spades]

Hey Aaron,

Thanks again...Always good to see things at another angle,not for myself but others as well.

Maybe doable?Depending on what locale and criteria as per unobstructed access for bobcat etc to which i was referring to.

Cheers Spades.

 

[chilliblue]

It all depends on the type of easement and the restrictions the local council/utility provider have on it.

In NSW, you can concrete encase most water and sewer easements at your cost and build over so long as approval in granted.

If it is a drainage easement, depends on the restrictions.

 

[Spades]

Hi chilliblue,

Thanks for your input...Even if approval is granted and those thinking of going via this route,would at the end of the day,you'd have to weigh up if it is financially viable on the end product.

Cheers Spades.

 

[imbi3]

Get it moved maybe? But will be costly

 

[ark8]

You really must contact council to find out what is in the easement and who it belongs to. The Title deed could be a source of information. Refer to attached document which details what could be built over an easement in different scenarios in Melbourne.

We have had experiences in projects where an easement was put in place for sub-divisions which didn't take place and was expunged. In another project, an easements which was reserved for future use by utilities was expunged after the authority confirmed that it was not required.

As others have mentioned, factor-in the value-added equation of the site with and without the easement, and the costs of dealing (expunging/building over) with the easement.

Kev

 

[neeko]

i have an easement also its in the backyard but right on the fenceline so i have put plants over it (only pittosporums) also having a easement cover is a very lucky thing else theyd be ripping up the backyard.....

 

[LoneWolf]

You really must contact council to find out what is in the easement and who it belongs to. The Title deed could be a source of information. Refer to attached document which details what could be built over an easement in different scenarios in Melbourne.

We have had experiences in projects where an easement was put in place for sub-divisions which didn't take place and was expunged. In another project, an easements which was reserved for future use by utilities was expunged after the authority confirmed that it was not required.

As others have mentioned, factor-in the value-added equation of the site with and without the easement, and the costs of dealing (expunging/building over) with the easement.

Kev

Thanks for sharing, this is really good info!

I think the easement has put me off that piece of stock. Better off go with something without it