Proposed Drainage Easement - Granny Flat
- Thread starter somer_hut
- Start date
You cannot put any part of the building over the easement (including eaves and gutters). Is the easement noted on the title search? I would think it would be black and white - either there is an easement or there is not. If the easement is proposed by the local council it would be wise to contact them to advise you of the situation. Easements and restrictions can be removed with permission of the council as long as they created them. If an easement was created by the original developer and was never used as such then, again, council should be able to advise you of your position re granny flat DA.
Good luck.
Good luck.
I presume that this easement is shown on the Deposited Plan as "proposed easement" but is not referred to on the title.
50 years ago they were created by a transfer document and not directly by the plan, so either this transfer was not lodged and thus not formally created or it has been missed when the title has been re-issued over that time.
Alternatively it has been cancelled at some point over that time.
So you could go back through previous titles for the land to determine its history. Each title will show a reference to the previous one.
Does it drain from public road (ie in favour of Council) or just an adjoining private property?
Is there an active pipe in it?
50 years ago they were created by a transfer document and not directly by the plan, so either this transfer was not lodged and thus not formally created or it has been missed when the title has been re-issued over that time.
Alternatively it has been cancelled at some point over that time.
So you could go back through previous titles for the land to determine its history. Each title will show a reference to the previous one.
Does it drain from public road (ie in favour of Council) or just an adjoining private property?
Is there an active pipe in it?
agent told to call sydney water.
called them, they said proposed or any drainage easement are council issue. call them,
called relevant council, only spoke to customer service would not pass the phone on. but she insisted checked the lot. there is no drainage easement so can build over it...no issue.
called random private certifier office, again just spoke to admin and she said the same thing.
this is mentioned in title seach in contract for sale..
G923185 Easement for Drainage Appurtenant to the land above described affecting the land 1.83 metres wide shown as drainage easement 6 feet wide..
Mortgage to XYZ bank...
called them, they said proposed or any drainage easement are council issue. call them,
called relevant council, only spoke to customer service would not pass the phone on. but she insisted checked the lot. there is no drainage easement so can build over it...no issue.
called random private certifier office, again just spoke to admin and she said the same thing.
this is mentioned in title seach in contract for sale..
G923185 Easement for Drainage Appurtenant to the land above described affecting the land 1.83 metres wide shown as drainage easement 6 feet wide..
Mortgage to XYZ bank...
