How does a Drainage Easement affect Development Potential?

[bobgar]

Drainage Easement and Development Potential

Hello,

I live in Sydney. My land is approx 850 m2 and slopes gently to the street. My upstream neighbour is proposing to put a 1.5m L-shaped stormwater drainage easement along 7m portion of my rear boundary, and then approx 16m down the side of my property to drain at the front of my property at the street. This neighbour is at the rear, and I am the downstream property. They are building a Duplex and require stormwater drainage.

The proposed easement will run adajacent to my house and fence, and there is just 1.7m between my house and fence.

How does the easement affect my future development of the land?

• 
  If I knock down the house in the future, how close can I rebuild a house next to the Easement? I.e Is there a setback from the easement?

• What is suitable compensation for the easement?

Any insite and advice would be greatly appreciated.

 

[Mitch1]

You are right to be checking into this now but bear in mind whatever regulations are currently in place may change by the time you want to go and develop on your own property. I cannot help with current reg. there as I am quite new to the whole development thing.

Have they considered sinking a tank and running the boundary drainage pipe into it and then pumping to the kerb of their own street to run to their nearest open drain it involves cutting into the kerb and they will need permission, we have it in qld. On our PPOR and it works well. It is just another option if it is applicable.
Rather that, than finding out all the current info. Sorting an agreed comp. then finding new rules change all previous decisions and your hands are tied because of the drain and its distance from where you need to develop.

 

[Scott No Mates]

Hi Bobgar

the easement will affect how you can develop your land by restricting the area on which you can build. It will also prevent you building over the easement or adjacent to the easement without encasing the pipe in concrete/pier and beam (if it is sewer). These costs should be incorporated into any fee you decide upon when determining the value of the easement.

Down the track if you subdivide, one or more of the blocks will be affected by the easement and reflected accordingly in the sale price.

Does the neighbour have any other alternatives? eg pump out system.

 

[bobgar]

Hi Scott NM,

Thanks for your help.

"The easement will affect how you can develop your land by restricting the area on which you can build. It will also prevent you building over the easement or adjacent to the easement without encasing the pipe in concrete/pier and beam (if it is sewer). These costs should be incorporated into any fee you decide upon when determining the value of the easement."

When you say "restrict the area on which you can build"- what does this mean? They are proposing a 150mm PVC pipe to drain stormwater. So would this require concrete encasing to build right next to it? If not using concrete encasing, what is the usual setback from the easement in order to build?

Down the track if you subdivide, one or more of the blocks will be affected by the easement and reflected accordingly in the sale price.

How will it be affected?

Does the neighbour have any other alternatives? eg pump out system.

Our council doesn't allow pump out systems, but does allow them to reduce their hard surface areas and resubmit their plans. But, our neighbours have not chosen to do this, and pursued us with the easement.

Could you please clarifiy the above? What would be a suitable compensation in your opinion?

 

[handyandy]

So by allowing them to establish an easement of 16 + 7 meters times 1.5 meters you are and will be restricted in the use of 34.5 sq meters of your own land.

But it's not just the sq meters but also the future impact it has on any building/developing you may want to do or that a future buyer of you property may want to do.

Even worse would be that you want to combine 2 lots and the easement is in the middle of the 2 lots.

In my books there isn't enough money anytime to establish an easement on your property simply because it limits your use of your own property.

Cheers

 

[Scott No Mates]

Bobgar,

although the pipe will only be 150 mm the owner of the easement has a right of access ie sufficient space to dig and replace the pipe. This means that you can't build a structure over it but you may get away with putting in a driveway, parking spaces or use the space for solar access (ef north side of the house).


Granting an easement doesn’t reduce the size of your block so it will still have the development potential of an 850 m2 site but you will need to be more creative with your solution.

Most councils will allow pump out systems as a last resort as they have zoned the land appropriately. The system should be properly designed with 2 pumps. Being creative, the water retention pit should de used as the rainwater tank.

 

[MrB]

Most Councils do not allow pumped stormwater to the street which is why he wants to go thru your land. He might have a choice of one of your neighbours depending on the lot layout and slope.

Firstly he has to cover all construction, survey and legal costs. Now in theory you could have a valuation done on the pre and post easement values of the land to see how it affects you. But you are in the controlling position and can nominate whatever the market will bear.

You can normally build up to an easement. It may involve special foundations so you don't affect the pipe. Depending on the terms of the easement you may be restricted from paving over it.

 

[bobgar]

Thanks Mitch and Mr. B. Yes, our Council doesn't allow pump out solutions.
Our council has said that we only build 1m away from the easement. So in fact, I will lose a lot of development potential.

If my plans are already done, I don't think I will be able to change my plans, ie change my foundation type etc.

Can you all shed some light on what happens if I already have my plan for a Duplex done already? Can the Council/anybody force me to change the way my foundations are done so that I can also accomodate an easement next to it?

So basically, the easement proposed is 1.2m wide, and my Council says that i can only build 1m away from the easement. Also 1.5 setback from the sides must be kept for new Dual Occupancies. Can you essentially squeeze a 1.2m easement through this 1.5m setback even though I already have my new Dual Occupancy plan done? That is, will they get me to change my plans?

 

[bobgar]

Hi Scott,

Our Council doesnt allow pump out solutions. Our council says that we can build 1m away from easement.
Also, we have to leave a 1.5 setback from side boundaries if we want to build a Duplex. So my question is:

If I already have my plans done for a Duplex, can you also put a 1.2m easement down the side of the fence (inside this 1.5m setback)? I don't want to change my plans..

Thanks in advance.

 

[Scott No Mates]

Stuff the neighbor submit your application. No one can force an easement on you except government authorities.

If you haven't lodged an application there's nothing stopping the adjoining owner asking the question.

Once your application is approved, then you might consider granting an easement in the available setback or the council forced to approve a pump out.

 

[Scott No Mates]

If a solution has to be found by the neighbor they will find one eg raise drainage to sufficient height to drain to the street or break into the storm water pit in the street.

 

[GreenMedallion]

If you yourself are doing a development on your property and need the land where the proposed easement would run then simply tell the neighbour that. It is your property and you have the right to build your (complying) development how you want; you do not have to satisfy the neighbours.

The neighbours hydraulic engineer will figure out an acceptable alternate solution with council. The worst case scenario is the neighbour has to reconfigure their development and go back to the drawing board, which is not your problem.

 

[bobgar]

Thanks GreenMedallionand all.

 

[Propertysaver]

Hi, have you found a solution to your problem. I live in woollahra council and haveing a similar problem with my neighbour. I have been given advice to try everything to stop giving then easement. However I don't have massive amounts of funds to fight them in the courts. Do you have any advice? Would appreciate how yiu have or are dealing with this nightmare.

 

[mflying]

it really depends on:

What type of easement it is?
where is it proposed to run?(side of boundary may be okay)
and how much are you getting rewarded financially? if you allowed an easement.

You wont need any money to defend your self...

you can deny it and developer will have to find another way....'

If developer prove in court that they have tried all other option and proposed development is in communities interest... court most likely to award them an easement. and you will get paid market rate for your land (possibly ongoing payments too)and developer has to fund all the cost.