Browse Forums General Discussion 1 May 09, 2012 7:00 pm Hi all. I had a phone call from my real estate agent telling me a property behind me wants to put a stormwater drain 40m through my property. Timing is great, as I am hoping to get my build underway shortly. My question is, what have others done in this situation? Can I get compensation? in what form? How much? I havent spoken to the developer yet, but as far as I gather from around my street, if I say no, the development won't happen. What happens if I damage his stormwater after its been installed? I live on a small lot, and there is only 1 option for his line. Im also only going to have 1500mm from my house to the boundary. The stormwater will need to go through that space. Is that enough for someone elses services? Who can i speak to about getting advice? Thanks in advance Paul Re: Compensation from another property wishing to access min 2May 09, 2012 7:53 pm Quick Question. Why cant their stormwater drain to their own street frontage? I'm guessing they are on a block below their street frontage but above yours. Usually this is all sorted out way before estates are sold. Re: Compensation from another property wishing to access min 3May 09, 2012 9:08 pm No way in this wide world would I be allowing this. This is a developers/buyers problem. The moment you allow this you effectively create an easement on your property around the course of the pipeline. This may in the future create any further building you may wish to do in jeopardy. Also the moment it is laid should you accidentally or similar break or damage this pipeline, this will now become your responsibility for any damage that any break or similar may cause. From my point of view this is fraught with danger and there is no way I would be allowing this. Whilst any contract drawn up at this point may indemnify you from any civil action. Should the neighbours property be sold, you would have to go through all this again, not to mention that should you sell your property you will have to have an easement registered on your property, which depending on the course of it may be less than attractive and detract from the selling price. Also the stress that may result if any actions happen. This may sound dramatic, but I would rather plan for the future, than look for compensation in the short term. Settlement 1/2/12 New Shed 23/3/12 Slab poured 27/3/12 Frame complete 4/5/12 Roof complete 1/6/12 LOCKUP 29/6/12 Our new build blog http://kareenhillsownerbuild.blogspot.com/ Re: Compensation from another property wishing to access min 4May 09, 2012 9:41 pm I'd tell them they can't us my property Re: Compensation from another property wishing to access min 5May 09, 2012 10:00 pm I totally agree with delatite13 , Talk to the hand cos the face aiin't listening!! An easement for someone's storm water sets up all sorts of rights across your property that do NOT help you at all. You would need an owners corporation for the common property. Get about a million miles between you and this! @builderforlife Building inspector and passionate about construction When you need an expert to take a look. Re: Compensation from another property wishing to access min 6May 09, 2012 10:12 pm I have an easement for deep sewerage on my property and it stops me putting my workshop on the boundary and also causes me to spend more on piling so I can be as close as possible. I would not be allowing it, why limit potential future choices..... there must be ways around it, ie pumping uphill etc.... there have been a few threads on how to deal with it. Don't do it... but how to be neighbourly and say no?? Re: Compensation from another property wishing to access min 7May 10, 2012 6:09 am Wow, some very valid points. No one has approached me yet. My real estate called me as he was asked to contact me. The proposed development of my site would never allow me (or anyone else) to be able to build anything else on the property (small lot code). Im not concerned with that. I do however, need to put a retaining wall across my block for which the eventually proposed storm water would have to pass under. Then about 15 odd metres of hard stand. As above, only 1m from my house. My understanding is that storm water falls under a different category to sewage in regards to easements. This is all happening in a Brisbane City suburb. Re: Compensation from another property wishing to access min 8May 10, 2012 9:03 am As I said earlier and along with others, do this at your own peril. If you have any doubts about everyone's advice, go seek legal advice. It may cost you but at least you can have a legal opinion in writing. All I can re-interate is DO NOT DO IT! Settlement 1/2/12 New Shed 23/3/12 Slab poured 27/3/12 Frame complete 4/5/12 Roof complete 1/6/12 LOCKUP 29/6/12 Our new build blog http://kareenhillsownerbuild.blogspot.com/ Re: Compensation from another property wishing to access min 9May 10, 2012 9:17 am Ring Brisbane CIty Council, the 3803 8888, the person who answers probably won't be able to help you, but in my exerpience, I have lways had a prompt reply from someone who has been able to help me with technical issues. Re: Compensation from another property wishing to access min 10May 10, 2012 11:03 am delatite13 All I can re-interate is DO NOT DO IT! 100% agree...... they are obviously doing this to make their life easier not yours. I would never opt into an easement... Re: Compensation from another property wishing to access min 12May 13, 2012 10:51 pm vanbox The proposed development of my site would never allow me (or anyone else) to be able to build anything else on the property (small lot code). Im not concerned with that. I do however, need to put a retaining wall across my block for which the eventually proposed storm water would have to pass under. Then about 15 odd metres of hard stand. As above, only 1m from my house. Future buildings may not be an issue for you, but what about the roots of any plants that you wish to put in your yard? I wouldn't do it. For reference, this is the Austlii reference. My take on this is, that they would be breaking the law denying access to a homeowner in Victoria, or their agent from having… 1 8933 The only thing to add to these comments is that where possible it's always good to try and work with people than just say "no" because you can. Having someone… 4 17050 |