should I proceed for a house with unregistered easement

[flosed]

Got solicitor reading.


A sewerage pipeline runs beneath the rear of the land, but there is no easement to drain registered either for the benefit of this land or to the burden of this land, i.e. the legality of draining sewer from this land to neighbouring land


Solicitor said it's risky. Any one got experience?Just wonder is there any way to register it?

In new castle region.

Thanks

 

[Burma]

No, i have an easement within 3 metres of my house & the house is subsiding. Do not buy a house that does not have the easement registered. If the easement is registerd, then the registerd title holder of the easement has a duty of care over the easement.

 

[bashworth]

Its not uncommon for their to be older pipes constructed on 'handshake' agreements.

Although the water authority will be reluctant to incur the additional cost of formalising the agreement they will probably agree to formalisation if pushed.

 

[flosed]

Thanks .Anyone got experience to push to formalize it?

Its not uncommon for their to be older pipes constructed on 'handshake' agreements.

Although the water authority will be reluctant to incur the additional cost of formalising the agreement they will probably agree to formalisation if pushed.

 

[JDM]

Depending on the particular easement, it may be a statutory easement and not require registration. With this said, this would not often by the case for a sewerage easement.

You should consider what the terms of a registered easement would be if you are worried about it. In this case, the only benefit you might get would be that the grantee may be liable to pay for repairs to the sewerage pipe. Other than that, the rest of the conditions of the easement would likely be in favour of the grantee and therefore, you're not losing anything by not having a registered easement.

If it was an easement to allow you access to your property or another easement in your favour, a registered easement would be much more important. In this case, it sounds like the easement burdens your lot so it is the party that takes the benefit that should be more concerned.

With this said, you should seek legal advice as this is a simple overview and not specific to your circumstances.