Easements & Land

[equinox]

Ok, a noob in here and a noob with all things property so be gentle.

2 questions I have for you today.

1) What's the deal with Easements? I'm looking at building on a block of land which is 16 X 32mts, but it has a 2mtr easement running lengthways through the block. My understanding is that you can't "build" on it yes? Fair enough, but define build? Can I do anything on it? Say build decking over it, or plant a garden, or drop a shed over it? Or is it literally a 2mtr gap of dirt which nothing can be done, therefore I'm essentially buying something 14mtrs wide.

2) Ok, when looking at available land at these land sales centres, I can get why the corner blocks, and blocks at "T" intersections seem to be the last available. But a consistency that's bemused me is why the blocks right at the edge of the stages also seem to be available when everything else has sold. What's the deal with that?? From what I can see, they're connected to the very next stage, and not some run-down farmers property with 36 junk cars sitting on the back lawn. Why aren't they selling?

Anyway, I'm looking at buying a block as part of 25 being newly released in the heart of Caroline Springs (Stradbroke) so if anyone can give advice on what to look out for, locations in street, preferred positions, orientations etc, it would be much appreciated.

Rgds,

E

 

[MichaelW]

Depends what sort of easement it is I guess...

I know you can "beautify" your easement which can be interpreted in quite a few different ways. And you can actually develop them to a limited extent provided it doesn't obstruct the intent of the easement.

For example, we have a shared access easement to our property on which a mechanical inclinator is built. That is development, but it is consistent with the intent of the easememt. On a similar vein, we also have an easement for parking at street level which I wanted to build a carport or garage over. But it burdens my neighbours property and he doesn't want me to develop it, so that would be a no go. The land and environment court did set a precedent by allowing a development of that nature on an easement but since overturned it as a precedent so that it no longer holds.

The golden rule is that you must not interfere with the easement and its intent. So, if there is an old public corridor easement through your property then you really should build a gate to allow access and not an unbroken fence for example. But if yours is a utility easement then you need to make sure that the utility companies can come in any time and dig it up to access the underground utilities should something go wrong. I suppose you could chuck a patio over it and hope, but one day that patio might end up as match sticks when the utility companys turn up with their heavy equipment.

Cheers,
Michael.

 

[tcocaro]

response..

1) whether you can build ontop of an easment will depend what kind of easement and can be found out by a quick call to local council (just ask for a town-planner).

Generally speaking you can build certain structures over easements such as a gate\fence\removable shed etc. But not a fixed structures that cannot be easily removed for access.

2) corner blocks, there is a percentage of people that HATE these blocks (i do) for individual reasons mine is due to privacy\security i.e. easier to jump\look-into a side fence.

blocks off t-intersections - poor access and also I am not 100% sure but I dont think any asian person would buy such a block because of feng sui i.e. negative energy on such blocks i.e. energy coming from the incoming rd hitting into your house (dont subscribe so I can be wrong)

blocks at the end of a development, people have very limited vision, they see what they see i.e. an empty paddock NOT the next stage OR they envisage tractors, heavy equipment etc next to their block etc etc. In short if you get a "better" price on these go for it, as your getting the block cheaper only due to temporary bad perception.

Cheers,

TC

 

[equinox]

Thanks for the advice. I think the easement type is drainage, so I suppose if I do decide to make use of it, then I have to be prepared for it to be dug up one day if something goes wrong (i.e blockages etc).

 

[GT3]

Hi Equinox,
As I understand it (from speaking to council and Yarra water), you can even put a driveway on an easement.
If the land was large enough for subdivision then this easement could be a common driveway in the future.
Most easements can be built up right to the border although some require you to be a certain distance from the border (eg 600mm away)

Regards
GT3

 

[casper007]

Hi Newby ... welcome to the forum.
First thing you need to do is call your water authority and find out how close to the drainage easement you can build. Often you can encroach an easement as long as you fix piling under your footings (somethimes you can even straddle a sewer / water pipe as long as there is piling) The surface area has to be accessible ... but again I have had experience whereby you can brick pave over it (pavers are removable if access is required).

Easements generally mean the block is cheaper.

As for end of estate ... There is no guarantee what the developer will do in the next stage ... sometimes their initial plan may show an extension of the same layout only to have a multi unit aged care site or child care centre approved later... makes people nervous.

If they are a major developer (such as caroline Springs) you should be ok.

As for best locks ... for future resale, comfort and maintainance ... I'd stay clear of corners (extra lawn to mow and security issues).

Best to find a block opposite park, or water (even if you pay a little more ... you get it back in the long run) with the rear of the block facing North as winter sun is lower on the Northern sky so a home design which has living areas to rear / side and North corresponds ... give the most energy efficiency and comfort.

Make sure you pay attention to the facade of the home ... eventually you will sell it and you want a facade which looks great today but also does not look like a FAD in a few years time. Consider the demographic of the market you intend selling it to in the future and try to get into their head as to what they will want to buy.

Good luck and happy hunting.

Casper