Please help me to look at this easement diagram

[EstateCentral]

Hi all,

My offer for a house was accepted but there one thing about the house that I want to check. From the sewage diagram it looks like the garage was built on top of the drainage easement. Please see attached.

I asked the agent about it and he said the advice from the vendor is it's actually running over the neighbour's garage not theirs. So I don't get it. I will get my solicitor to have a look, but I thought I ask the experts here as well.

What do you reckon?

Also, in the worst case scenario, if the garage was actually built on top of the drainage easement, what are the risks for me?
- Have to remove or move the garage? what is the total cost to remove and build a new one up further to the front street? about 10k only?
- Get any fines from the council?

The house was built in 1940s, and the council does not have record of its original application in the system, I need to do a special request which may take weeks.

Also, this is my first offer and the owner has already accepted it which makes me a bit sceptical about the house.

thank you for any inputs you may have.

 

[Spades]

Hi EC,
DD before hand would have saved the ask.
Contact council re:the implications re:to the garage etc.
Add costs ie: remove garage etc and push for a discount,walk if you have to?Ppor or ip?
Getting a good deal on your offer?etc.
Cheers Spades.

 

[twodogs]

This is just the sewer diagram and the sewer easement is not obstructed.

The easement marked is probably to drain water for a neighbour or the council and it may or may not exist. You will first need to check the title and see if the land is burdened by any easements. If yes, then determine where that is. All this should be in the contract if this is a NSW sale.

But if there is an easement and there is a garage over it that could be a problem. But how long has the garage been there anyhow...

 

[EstateCentral]

thanks the replies guys. In the title it has the following covenant

S272176 - Covenant Affecting the part shown so burdened in the title diagram

Pls see two new attached files for the text on the title and the another diagram.

I'm going to call the sydney water if they have any information.

 

[EstateCentral]

Hi EC,
DD before hand would have saved the ask.
Contact council re:the implications re:to the garage etc.
Add costs ie: remove garage etc and push for a discount,walk if you have to?Ppor or ip?
Getting a good deal on your offer?etc.
Cheers Spades.

Hi Spades,

What did you mean by "DD"?
this will be my PPOR.

 

[twodogs]

thanks the replies guys. In the title it has the following covenant

S272176 - Covenant Affecting the part shown so burdened in the title diagram

Pls see two new attached files for the text on the title and the another diagram.

I'm going to call the sydney water if they have any information.

Can't read detail on the DP map to know if that is the easement or not, however I would expect it to say easement and not covenant.

However, that easement on the DP looks like part of a major water drainage system and as such I would expect it is in use and piped. The land slopes to the back of the block I would guess.

Ask your solicitor for an explanation of the easement and implications of the garage.

 

[jrc77]

What did you mean by "DD"?

Due diligence.