Sub dividing with easement

[jim1964]

Interesting one.Mt Barker council,South Australia.885sm corner block with existing house at front of property.There is a easement to council for sewer and stormwater 2/3 rds down the back yard.20 years ago council approved a shed and concrete floor over the easement,i plan to cut the back block off to build a courtyard home,have not done accurate measurements,but the easement may be a issue.If council approved a hardstand shed,what would be the odds a house would get approved?

Any posts that can relate??

 

[Brady]

Best bet would be to call the council and speak to a town planner.

But I would suggest that they may approve with maybe conditions.

You may be liable for any costs if access is needed to be granted etc...

but best bet to speak to council.

 

[Stacey Survey]

Building over an easement in Vic is fine for non-habitable buildings. This includes sheds, carports, garages etc.

I highly doubt you'll be able to build a habitable dwelling (eg. House) over an easement. Like the post above said, give the council duty planner a call to confirm this. There might be some leeway depending on the type of easement and it's specs.

Cheers,

 

[Stacey Survey]

Also, just to add you might want to look into amending the easement. Council should have forms and info on their website.

 

[jim1964]

What grounds will they amend the easement?Is this a common occurance?

 

[Stacey Survey]

Generally this happens when we do the larger-scale subdivisions (10+ Lots) and do new easement creation. You can't just straight out remove the sewer pipes, but an easement amendment involves diversion to sufficiently satisfy your water board.

For example, on smaller lots it's happened when there's been old right of ways which are no longer used so it gets amended. In a few cases we've managed to downsize the easement when creating new lots, but this is at expense to the client to shift the services.

Ultimately your best bet would be to call up and ask your duty planner, as I'm certain that as you're in SA there are different restrictions to here.

Cheers,

 

[knightm]

sometimes in nsw the preferred option if building over sewer easement is to concrete encase. totally doable tho expensive, find out what they are likely to require, then run the numbers.

 

[maza]

First, you may need to go to the council and get a stormwater system report.

Also maybe get sewer diagrams via a plumber or your water authority.

And depending on your council, you can build over a easement but need to concrete encase as the last post mentioned.

In nsw, im pretty sure its big drama doing it and only a licensed person who is approved by sydney water can do it.

Rough cost would be 5k-10k to encase.