Right of Access

[ozsupra]

Neighbor is installing a large storm water drain on his property. I have spoken to him to allow me to tap into the drain for all my blocks storm water - I have a useless rubble pit ATM. He will grant access for a fee. I would like to formalise this legally.
Anyone known where I should start Council?, Lawyer? Looking to put some form of easement condition on his title.
Thanks,
A.

 

[Scott No Mates]

Surveyor might be a good start

 

[Fourex]

Have your solicitor draw up an Easement agreement for the water drainage.

Have the surveyor draw up a plan to show where the Easement will go.

Have you and your neighbour sign the agreement and submit all required paperwork to DERM which will put it in place.

Note all parties of interest for the lot with the Easement will have to give permission (i.e. his bank will need to approve and sign and stamp a form).

You do not need council approval to create the Easement however you may want their imput into how wide you might like to make the Easement (if they are willing to give it).

The lot plans for DERM make sure you do not fold or crease the plans or they may be rejected by DERM.

You may have to pay the bank a nominal fee for signing the form.

Cheers,

Fourex.

 

[ozsupra]

Thanks for the replies,
much appreciated.
A.