Granting easement

[Moody]

Hi Everyone
I am new to this forum and i have a question related to my easement.

I live in Sydney suburb where my property has a Drainage easement measuring 20.99m x 1.5m =31.405m2. This easement runs along my side fence, starts from front boundary and ends at the back boundary. This easement was there when i bought my property from a developer.

This same developer has a vacant land back of my house, where my back boundary is common fence. Recently high density residencial development been granted on this vacant land and the construction is about to start.
Today from this developer a "TRANSFER GRANTING EASEMENT" Form 01TG release 2.0 and Valuver report been hand delivered to my door step. The 2nd page of the Form has spaces for our signatures (me & my wife both joint owner) and further valuvers report with calculation for compensation for the amount of $3,500.


My questions are:
1. Do we necessarily need to sign by law or act ?
2. If so, is the compensation pay appears reasonable?
3. What if we say No, any legal issue crop-up in the future?

Any kind of advice is much appreciated, as i have zero knowledge.
Thanks for your help in advance.
-Moody

 

[Butas]

Best to speak to a solicitor. But from my experience $3,500 is a bit low. I'd be asking around the $10,000 mark.

 

[Terryw]

Whats the new easement for?

 

[Ocean Architect]

Just to clarify, are you saying that he wants to move his easement onto your land so as to accommodate for his development? Or is it compensation for deleting his easement and moving some pipes or whatever into yours?

 

[Aaron_C]

It sounds like he wants to take over the easement and incorporate it into his land?

 

[Moody]

Hi everyone
Thanks very much for the comments, really apreciated.
To clarify few of the doubts, I went on reading the Valuers report.

The purpose of the valuers report says as " To establish the compensation payble to the servient tenement as a result of a proposed amendment of existing easement rights affecting the servient tenement".

From this wordings, i gather they are trying to get the easement rights for their own benefits by changing the easement notations on title, currently rights with us.

Further the valuers comments says that there are no physical modification works required on the existing easement, compensation allowance to reflect the possibility of future inconvenience.
I guess this will clarify some of your questions.

I'm really releuctent to consult a solicitor at this stage as i'm worried about thier fees & charges.

Are anybody come a across this situation?

I am towards to say "No" to them, by saying this am i acting again any law or act?

Thanks
--Moody

 

[Ed Barton]

Hi everyone
Thanks very much for the comments, really apreciated.
To clarify few of the doubts, I went on reading the Valuers report.

The purpose of the valuers report says as " To establish the compensation payble to the servient tenement as a result of a proposed amendment of existing easement rights affecting the servient tenement".

From this wordings, i gather they are trying to get the easement rights for their own benefits by changing the easement notations on title, currently rights with us.

Further the valuers comments says that there are no physical modification works required on the existing easement, compensation allowance to reflect the possibility of future inconvenience.
I guess this will clarify some of your questions.

I'm really releuctent to consult a solicitor at this stage as i'm worried about thier fees & charges.

Are anybody come a across this situation?

I am towards to say "No" to them, by saying this am i acting again any law or act?

Thanks
--Moody

sounds like he wants you use your pipes to get rid of waste and/or water on his new development.

tell him no. the first offer is never the best.

 

[Terryw]

You can always say no and see what the response is. Asking for a bit more money may be wise, and won't really hurt, but they will argue their valuation establishes the value and amount they are willing to pay.

If you do refuse then they can seek a court order to grant the easement. If the land is in NSW see s 88K of the Conveyancing Act.

 

[Moody]

Thanks guys.
I have decided to say no. I'll post the outcome of this later.
-Moody

 

[Ocean Architect]

From memory the power and water authority in your state can choose to alter easements without your consent, and think it best to give them a quick call about it (free) since they'll give you the lowdown of what happens commonly.

There were some cases locally where developers/builders have been burned quite badly, in that they found pipes etc outside the easement. They tried billing the PAW corporation to move the pipes, and the PAW corp responded by simply extending the easement to cover the pipes, and then billed the builder to move them instead. I personally find that really unfair, but it seems that the legislation was drafted to proect the corporation and not the individual.

 

[Sheryn]

I'm really releuctent to consult a solicitor at this stage as i'm worried about thier fees & charges.Thanks
--Moody

Moody

Do yourself a favour and ring a few solicitor's and ask about their minimum rate and hourly rate. Also access free legal information - you can find phone number under your local courthouse in the whitepages.

The worst thing you can do is make a decision without enough information.

Personally, I have used a lawyer for advice, information and to fix my mistake and they have always been reasonably priced.

Gee whiz a few years ago I phoned our solicitor on a Sunday and he came over and actioned what he needed to do on a Monday by fax and I think it was around $200.


Regards
Sheryn