Browse Forums General Discussion 1 Nov 07, 2010 7:17 pm Hello - we are considering buying a block of land in Sunshine Coast QLD and have received a contract from the agent with title search, survey diagrams etc. The block is a small section that has been subdivided off a larger farming property. The farmers live on the property behind the block we are looking to purchase and access their home via a communal driveway/access easement, which also provides access for another neighbour. We knew that this was a communal driveway before looking at the contract, and it is on the border of the block, so no problems there. However, on closer inspection of the survey attached to the contract we are about to sign, the easement is marked and surveyed as passing through the MIDDLE of "our" block, not along the side boundary as in reality. This effectively cuts the block in two, making it two one-acre blocks, instead of a single 2 acre block with a small driveway on one boundary. We want to position a future house right where the surveyed easement is located. Obviously this is a major concern because any building submissions to council are likely to be rejected based on the supposed location of the easement. So what do we do? We are happy with the location of the communal driveway AS IS and want to change/adjust the surveyed easement. Can people give advice on best way to proceed from here - we are considering approaching council and trying to have the easement adjusted. Has anyone had dealings with the Sunshine Coast Regional Council to achieve a similar outcome? We presume this may require a new survey and paperwork submitted to Council - is anyone aware of likely costs and timeframe for this course of action? Is this up to the vendor, or can we do it pre-contract/settlement or leave it until after purchase? (we are wary of this last option in case it can't be changed......) Many thanks Chris and Heidi Re: Problem with easement 2Nov 07, 2010 8:49 pm Glad you spotted this prior to signing. I cannot advise on this issue, but another thing to consider is are there any other easements for the other lots services (water/power/phone). Do they cross your property, or do your services cross theirs. Are they with the driveway currently. Re: Problem with easement 3Nov 08, 2010 7:30 am I have a similar problem as I have an open stormwater easement that cuts mine in half and when i spoke to the council they tend not to get involved in situation like these mine although in sydney advised me to seek about 3 different engineers so they wouldnt have to get their hands dirty. I really hope you have better luck than I did a 2 acre block would be a great site Re: Problem with easement 4Nov 11, 2010 3:46 pm hmph. just found out that to change the easement will cost at a minimum $10K up to a likely $30K - with the vendor now not interested in doing anything - we can either buy as is and pay for the easement change (his actual fault), with no reduction in asking price, or walk away. so we are walking away - I can't believe the costs involved in just moving a few pencil lines on a survey plan.... Re: Problem with easement 5Nov 13, 2010 8:13 am nickmakwell, I have been thinking about your easement problem and I think you maybe in a better position than you think. But first I need to know if the existing “access driveway” to the other two properties is on your titled land, if so that’s good. If it is on the existing farmer’s property it’s not so good. If the existing driveway access is on your property, you can use the removal of access rights to the two other properties as a negotiation to pay for the survey and council cost as the cost to re-establish the new driveway through the middle of your property would be at their cost. I’m not sure where their services (power/phone) are located but these may also have to be relocated. I would put this case to the farmer and see if he would like to quickly have the easement re-surveyed and re-titled PRIOR to your settlement of the contract, also include a contract expiration date so the process doesn’t drag on. If the existing driveway access is on the farmer’s property, you are in less of a position as he may very well remove access rights to the existing driveway at any time and force the establishment of the proposed easement driveway location. It all depends on how well you can play the game and how much you want the block. Hopefully the estates agent will be aware of the easement for future sales with will reduce the property value. Re: Problem with easement 6Nov 14, 2010 12:19 pm david, thanks for your response. yes, the existing access driveway is technically a part of the titled land, so your first proposal is correct. the vendor doesn't want to deal with it - I think he's cash strapped, and has been quoted $7K to have the easement re-surveyed and re-titled before sale. We got two quotes from surveyors who put it at $10-12.5K. AMazingly ridiculous for what essentially entails a single re-survey and a new plan drawn up with two new horizontal lines. we are still considering going forward and "playing the game". We are considering putting to him that we will pay for the re-survey, (i.e we have cash and time available to do this), if only he drops the asking price by a similar amount. we really want the block - its actually quite underpriced (all things considered, that QLD property is all grossly overvalued due to the property bubble) - in comparison with other blocks in the area in terms of size, position, slope, etc ad nauseam... You should be able to encase the sewer but you will need it designed and approved and access to lot 580 to do the work 2 17108 You might be able to apply to divert the sewer at your expense. In NSW you would contact a Water services co-ordinator and they would give you advice as to whether or not… 1 16104 Thanks - yea sounds like I need to submit build over easement application....ugh guess I better start finding someone who can do the engineering drawings 3 3320 |