Neighbours stormwater pipe and no easement

[mkraus]

G'day,

I've got an IP built in 1952 with Brisbane City Council stormwater pipes dating back to 1947 in the area. I am hoping to carry out some renovations.

I have just discovered a stormwater / roofwater pipe running from my back neighbour's house through the middle of my property. This pipe doesn't show up on any conveyancing searches or council databases and there no easements. The way I discovered it was as it is now cracked and caused some flooding which the tennant reported. I have a plumber booked in to repair it next week as we are already starting to get summer storms.

In its current location, the pipe essentially divides the property in two and will be a serious impediment to future works and I'd like to find out where I stand and hopefully do something about it. It may have been there since the 40s, or it may have been put in just before I bought the place 3 years ago.

My thoughts at this stage are to get some legal advice to see where I stand, and then if I do have some legal right, to approach the neighbour - personally at first and then through a lawyer if required. Some people have suggested I cut the pipe at the boundary and block it, but I'm not sure if this is an option.

Does anyone have any thoughts or experience on this? I was actually hoping to make this IP my PPOR with renovations including a pool, so I would like the pipe removed or at the least moved to be along my boundary. Should I also be hitting up the neighbours for the current repair costs?

Thanks,

Mick.

 

[Ausprop]

there is such a thing as unregistered easements

 

[Terryw]

Yes, there can be easements which are unregistered.

There can be implied easements. eg. see some old caselaw:
Corporation of London c Riggs (1880)
Wheeldon v Burrows (1879)

easements of necessity - eg. landlocked, Gibson v M'Goerge (1866)
Wong v Beaumont Property Trust (1965)
North Sydney Printing P/L v Sabemo Investment Corp (1971)

s 4291)(a1) Real Property Act 1900 (NSW) also allows for easements which were omitted from by error or misdescription

see also

see s88K(1) Conveyancing Act 1919 (NSW) where a court can order an easement if the easement is reasonable necessary for the effective use of other land.

 

[willair]

G'day,

I've got an IP built in 1952 with Brisbane City Council stormwater pipes dating back to 1947 in the area. I am hoping to carry out some renovations.

I have just discovered a stormwater / roofwater pipe running from my back neighbour's house through the middle of my property. This pipe doesn't show up on any conveyancing searches or council databases and there no easements. The way I discovered it was as it is now cracked and caused some flooding which the tennant reported. I have a plumber booked in to repair it next week as we are already starting to get summer storms.

In its current location, the pipe essentially divides the property in two and will be a serious impediment to future works and I'd like to find out where I stand and hopefully do something about it. It may have been there since the 40s, or it may have been put in just before I bought the place 3 years ago.

My thoughts at this stage are to get some legal advice to see where I stand, and then if I do have some legal right, to approach the neighbour - personally at first and then through a lawyer if required. Some people have suggested I cut the pipe at the boundary and block it, but I'm not sure if this is an option.

Does anyone have any thoughts or experience on this? I was actually hoping to make this IP my PPOR with renovations including a pool, so I would like the pipe removed or at the least moved to be along my boundary. Should I also be hitting up the neighbours for the current repair costs?

Thanks,

Mick.

Mick,depending on the way the block is set,this is not a big problem,the easy way to see if the S-W is new or old just have a look at the pipework if it's clay then it will be old,what i would do is first of all buy yourself a copy of the plumbing plan for your property from the "BCC",Don't cut it off and block the system,if you do it may well block the system and damage next door and any else on that line then you would have legal problems..
if you have the copy of the contract then there should be a copy in the settlement paperwork of the property title and plan for the plumbing,then find the local BCC town planner and ask the question,or maybe this block has been split over the last 5 years,and this set-up was never passed when the block was split,what land area is this block,location i'm thinking this is a large block..imho..good luck..willair..