Easement

[ozni]

Local council taking out an easement on a stormwater pipe they failed to register when signing off on the subdivision, Given that we had the choice of several vacant plots in the street we would not have bought this particular one if we had known (after full property search). The easement is 3m wide and includes part of our bedroom and tv room on our newly built house. They just want us to sign and would appreciate are cooperation! The land is only 15m wide and the proposed easement extends up to 2m in from the boundary along its whole length of the plot. Any ideas on what one can do?

Cheers Oz

 

[handyandy]

Some time back a friend was faced with the same situation with the easement rendering the block near useless.

In the end he was able to move the house further forward rather than the standard set back and also received a cash payment for loss in value.

He negotiated all this directly with the council (a patient man) without involving a solicitor on his part. The council was represented in all discussions.

Hang tough as its their problem.

Cheers

PS they didn't find the pipe until the builder was drilling the foundation piers.

 

[jrc]

Don't just sign. This is a major issue where you need good advice as the council which presumably approved the location of your house is wanting to have its cake and eat it too.

If the pipe is already laid the Council can (in NSW) get access anyway to maintain and repair.

 

[handyandy]

Just re reading your post.

You seem to indicate that your house is already built and its construction impinges on the easement.

If that is the case then your house maybe seriously impacted as the foundations near the easement (and consequently the underground pipe) could be inadequate. As I understand it any foundations within a certain distance of an underground pipe needs to have sufficient foundations beyond the influence of the pipe to avoid future subsidence. If your house is built without taking into regard the location of this pipe then I see this as much more serious then I originally indicated.

Start by asking the council what this pipe will mean to the stability of the house making sure that they understand that you hold them responsible. Maybe, also get an independent engineer to give an assessment as to the the likely problems of the house being closer than expected to the pipe.

As already indicated don't just sign off on this without ensuring that all your bases are covered as any future sales will need to have all this info included.

Cheers

 

[ozni]

Seems very unfair as we got a full search done. I think they can force through an easement in public interest. Surely putting one through a house is questionable? Worried now about structure never mind resale.There must be some process of appeal if they stuff up. Are all easements the same minimum size? Could they not reduce the width and put piles down or something?

 

[Pa1nter]

Seems very unfair as we got a full search done. I think they can force through an easement in public interest. Surely putting one through a house is questionable? Worried now about structure never mind resale.There must be some process of appeal if they stuff up. Are all easements the same minimum size? Could they not reduce the width and put piles down or something?

Is the pipe already down or are they going to put one in at a later date?

 

[Fourex]

I am with JRC, if it is not currently in place and they are looking for you to sign permission I would not be signing any paperwork until I have spoken to council and a solicitor in regard the to Easement on your land.

The only downside to an Easement is that you can not normally place a permanent structure over the top of it, so it may also effect any additional improvements you may want to add in the future (patio, shed, carport, pool).

Have a talk to council you should find that there is no standard size for an Easement, the Easement width is may be determined by an engineer who will take into account the amount of stormwater runoff from the adjoining house rooftops and from this will determine the size of the stormwater pipe which will determine the width of the Easement. It sounds a bit on the wide side being 3 m, I would have thought 1.5 m would have been closer to the mark just for a stormwater pipe.

I would also be asking the question about compensation as well.

Cheers,

Fourex.

 

[ozni]

Easement pipe

Pipe already there. Had been for couple of years as it was part of the specification for the subdivision. Not approved legally (was meant to be) or on council plans

 

[Pa1nter]

Pipe already there. Had been for couple of years as it was part of the specification for the subdivision. Not approved legally (was meant to be) or on council plans

Oh ****

 

[Fourex]

Oh! x 2.

Already there...... I would just be talking to the solicitor then.