Sewer easement problem

[drfuzzy]

The problem involves a development site and a delicate situation with a neighbor:

• Purchased an old inner city house in Melbourne with plans and permits for 2 townhouses
• The permits were approved after VCAT by the previous owner as the western neighbour is unhappy about the development encroaching on his amenity/natural light
• There is a shared sewer and easement on the western bourndary with said neighbour and a manhole
• The water authority wasn't consulted prior to the plans and permits being approved
• The neighbour has concreted over the manhole and shared sewer pipes
• In order to build to plan I need the neighbours approval for works on the shared sewer and to remove the manhole.
• I need access to the manhole which is under concrete.

I have offered to rectify the concrete over the manhole at my cost and do all repairs/changes to the sewer at my cost. However this is the neighbor that does not want the development. Scaling back around the sewer would cut out carparking/living space and general amenity for me so I really need the neighbors approval to make this add up.

Any suggestions how I should handle such a situation? Do I have any rights if the neighbor says no? He is a reasonable fellow but this is a tricky situation in my view.

 

[Terry_w]

You should consult a property lawyer. I don't think you can build over a manhole (or 'personhole' now) and there would be rights of access as well.