unexpected easement

[Helenr]

Hi Everyone

We have bought a couple of properties just to hold and keep and this is our very first developable property. We read our s149 and we checked with local council. By looks of it everything was perfect.

However after entered into the contract we find out due to the land is sloping to the rear we might have to get a storm water easement to our neighbor's land at the back.

Question
1. do you engage someone else to negotiate the easement or you do it yourself
2. where I could find the resources to understand more about this process
3. recommend me someone who is good at doing negotiating an easement

Any comment will be appreciated.

I will keep posting and let everyone updated

Cheers

Helen

 

[bashworth]

Another option to investigate is to discharge to the front of the property.

For this you will need a detention tank (see http://www.anewhouse.com.au/2014/06/on-site-stormwater-detention-storage/) and a pump system.

Although the detention tank will be expensive you may find that building in Sydney, regardless of where you discharge, you will need to provide a detention tank.

 

[Scott No Mates]

Usual to have the developer to negotiate (if experienced) otherwise the surveyor/town planner should be able to assist.

 

[DaveM]

Where does your stormwater go to now?

 

[Scott No Mates]

Downhill is my guess.

 

[bashworth]

Where does your stormwater go to now?

Probably soaks into garden . . . but once you start developing/or subdividing there is not enough garden left.

 

[datto]

I'm sure there is a stormwater pit in my backyard. I always notice a large wet spot lol in the centre of the yard which takes longer to dry.

 

[Helenr]

Another option to investigate is to discharge to the front of the property.

For this you will need a detention tank (see http://www.anewhouse.com.au/2014/06/on-site-stormwater-detention-storage/) and a pump system.

Although the detention tank will be expensive you may find that building in Sydney, regardless of where you discharge, you will need to provide a detention tank.

Your post make me look into the OSD option. However no luck there, the Development control plan of the council is saying "Gravity pipe system using a stormwater easement via downstream property is the only method accepted for townhouse development"

 

[Helenr]

Where does your stormwater go to now?

I don't know at the moment but with single house council allows for alternative solutions apart from easement.

 

[LeoT]

I have had this exact situation before quite a few times and I recommend you first go to council to see if there are any other option for LPoD. If not, then just approach the neighbour and be friendly, letting them know the situation. If your extremely lucky they will not ask for a fee but only to replace things as they were. Most likely if they agree they will want some payment. I have paid neighbours from 10kto 30k for an easement, to absolutely nothing (bless them).

So first thing I would do is go to council to see exactly your options. Then pay a visit to your downstream neighbour if no other option. If your neighbour refuses..thats where it can get complicated..so be nice to them!

Good luck

Leo

 

[LeoT]

However after entered into the contract we find out due to the land is sloping to the rear we might have to get a storm water easement to our neighbor's land at the back.

Don't know why its a surprise after you signed the contract. If the land is sloping and council don't support pump system then its most likely you will need an easement from a downstream neighbour. Keep this in mind before you buy a site again, if its sloping to the rear and there is no LPoD on your property and council don't support a pump system, then you will need an easement.

 

[Helenr]

Don't know why its a surprise after you signed the contract. If the land is sloping and council don't support pump system then its most likely you will need an easement from a downstream neighbour. Keep this in mind before you buy a site again, if its sloping to the rear and there is no LPoD on your property and council don't support a pump system, then you will need an easement.

Thanks for your information. At the moment my real estate agent friend is interested in helping us to negotiate the easement. I think it might be more professional to get an agent to start the process as I am not good at negotiation at all.

 

[LeoT]

Thanks for your information. At the moment my real estate agent friend is interested in helping us to negotiate the easement. I think it might be more professional to get an agent to start the process as I am not good at negotiation at all.

HI Helen,

So is it confimed you need an easment? Yeah getting some help is a great idea especially if you havent dealt with this before.

Good luck and very brave of you

Leo

 

[nhg]

For one property, I was told by several private certifiers, engineers and the council that I needed to purchase an easement.

I negotiated the terms myself. Then kind of forgot about it for half a year.

When I approached another drainage engineer to do some work for me, he came up with an alternate solution which saved me about $20k.

I would approach a few recommended drainage engineers first before taking the leap to purchasing an easement. It can be a very... interesting conversation.