Browse Forums General Discussion Re: I can't believe it!! 21Jul 31, 2008 3:00 pm Interesting Bananas.
I'm in VIC, building with H3nley, on the boundary (in an established area) and I haven't heard anything about any easement. All I have been made aware of is that I need to talk to my neighbours where the boundary wall will be (garage side) as to whether they would like to keep the fence and have a messy looking brick wall below it, or remove part of the fence and have a nice clean looking brick wall instead. Perhaps things are a little different in NSW? Although I guess it might depend on what Council you are in. We have an easement running trough our property towards the back fence. Currently, there is a large concrete slab over the top of it with a couple of sheds on it. It wasn't done by us, and I'm not sure if it was passed with Council. It won't effect us at demo stage or building stage. We are lucky that it is close to the back fence, and not too deep in the ground, which can effect the distance at which you build away from it. I hope it all goes well for you, Bel. Henley - Wilshire Mk 3 ... I love my house!! Site start: 4th Feb 09 Handover: 10th Sep 09 Blog: http://stormygirlscastle.blogspot.com/ Build Thread: viewtopic.php?t=7166 Re: I can't believe it!! 22Jul 31, 2008 3:07 pm We're in Melbourne and building our garage on the boundary. Nowhere yet I've seen anything about a maintenance easement. Think I will keep on good terms with our neighbours. I will anyway they are lovely people. We had to pay a few hundred more for a certain type of guttering to build on the boundary. Easements are doing my head in today. We have decided to build a rear retaining wall on the run before the frame goes in so we don't destroy the neighbours back yard down the hill from us This isn't part of the builders scope of work - more like backyard landscaping but he is organising someone to do it for us as long as I handle the paperwork. We have a easement three metres from the back of the property. You have to apply to your water authority to build on or near an easement. You also have to apply to Melbourne water. Different water authorities have different requirements. Some just notification - ours require two sets of proper plans with a $195 application fee and then they take up to two weeks to approve. Our frame was due to start last week but got delayed because of the rain. I can see this problem dragging out for weeks. The good part though apart from needing engineered drawings is that I don't need council approval. I spent an hour down there today discussing it with them. I don't like easements anymore!! Fi has moved in!! Re: I can't believe it!! 24Jul 31, 2008 3:44 pm Thanks for all your assistance Bananas
Than-you for your input too Stormy and Brittany, its good to hear you are both in Melbourne and haven't run into too much trouble with building on the boundary either I hate easements too brittany!! My karma ran over your dogma Re: I can't believe it!! 25Jul 31, 2008 4:01 pm I'm sure I'm not going to run into any problems once the plans are submitted. I've found H3nley to be great in all the information they have provided for us, and in letting us know that it was up to us to talk to our neighbours about the brick wall, then surely , at that stage, they would have mentioned something about a maintenance easement. I have known several other people who have built in this area (same Council) and have never heard of it.
Since I'm about to sign the contract in a few days time, this type of thing should have been mentioned at or before Tender. Nothing then, so I'm not expecting anything now! Henley - Wilshire Mk 3 ... I love my house!! Site start: 4th Feb 09 Handover: 10th Sep 09 Blog: http://stormygirlscastle.blogspot.com/ Build Thread: viewtopic.php?t=7166 Re: I can't believe it!! 26Jul 31, 2008 5:06 pm Stormy
Its not a definate requirment by all councils in all states i only bought it up to try to help haywgl out and make her aware of it. I believe it is up to the individual council. These easements i guess are more common in new subdivisions when done by the developer. Sorry if i caused any concerns..... Re: I can't believe it!! 27Jul 31, 2008 6:58 pm Sorry to hear that news, Bel.
Our garage is also built on a boundary because we extended our garage to make way for a mud room and we had to put a pergola to the other corner. WE were charged extra for this. Same reason as MrT said, it's because of the extra work required to put in the bricks, etc. Especially that we already have a neighbour and fencing. If we built 1st, then we won't have to pay extra for building on a boundary. ----------------------------------------------------------------------------------------- Built the Nevada 42 Next project - landscaping! Re: I can't believe it!! 28Jul 31, 2008 7:06 pm My land title is at the credit union.
Can't see anything about it on my paperwork here. But are you saying the block next door needs an easement so we can have access if we need to repair our garage wall; if so, it would show on their paperwork, wouldn't it, rather than on ours. There won't be a garage wall on our other side as we don't have a direct neighbour on that side,as we are the first house facing our street, we have the back yard of the corner house adjoining our side. What you said makes sense VJ, about it depending on whether there is already an established house on boundary side. In our case, it is 34 house/land packages so builder has access to all the blocks, our house will be finished before the neighbours, which is only just at frame stage, so they won't need to go onto a privately owned property to access our wall. Re: I can't believe it!! 29Jul 31, 2008 8:11 pm Thanks VJ Can I ask roughly how much extra the big M charged you for building on the boundary??
I'm starting to think my $10,000 dream for site costs is becoming far less likely My karma ran over your dogma Re: I can't believe it!! 30Jul 31, 2008 8:21 pm Bel,
Unfortunately, the site costs were not itemised by M. But we remember that it was arounf $500+. Then I checked our contract with AVJ, it says here 'Provide overhang laying of brickwork due to proximity of Garage external wall to boundary' - $603.16. It shouldn't be more than $1k. ----------------------------------------------------------------------------------------- Built the Nevada 42 Next project - landscaping! Re: I can't believe it!! 31Jul 31, 2008 9:51 pm Good luck Bel, hope they can build on the boundary for you. We are building to boundary and have heard no talk about any easements required for next door.
I'm sure I have seen lots of new houses with garages butting up against each other on the boundaries - if there was an easement there this would have been impossible. Re: I can't believe it!! 32Jul 31, 2008 10:34 pm Thanks VJ - thats not a bad price, I was expecting it to be more, fewf!! hopefully PD charges similar
Thanks Donuts - I thought the same thing, while we are in an established area I have still definately seen garages built to the boundary, so hoping it is not a problem My karma ran over your dogma Re: I can't believe it!! 33Aug 01, 2008 1:28 pm Well the council finally got back to me today - and guess what? According to their records there is no easement at the side of the property, only one at the back.....So who is right? The lawyers with their plan of subdivision etc that shows the easement, or the real estate and council who both claim there is only an easement at the back of the property?!!
It could solve our boundary issue, if we can someone have a 1.7m boundary to one neighbours fence and then a 1m boundary to the other neighbour on the garage side.... Will check with council My karma ran over your dogma Re: I can't believe it!! 35Aug 01, 2008 1:45 pm What's on the title.....not the plan of subdivision the actual final titled drawing of your block? mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: I can't believe it!! 36Aug 01, 2008 2:16 pm I think thats the one the lawyers gave me, I dont have it on me to check, but I'm pretty sure that it was the one with the easement at the side.
But shouldn't the council have the mot up to date information since they will be the ones accepting our building plans? My karma ran over your dogma Re: I can't believe it!! 37Aug 01, 2008 2:46 pm The land office should have the most up to date information....the easement may have been abandoned remember it's an older house you are buying.
If in doubt I'd go back to the source.....then ask the council why their drawing differs from the land office. mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: I can't believe it!! 39Aug 01, 2008 2:53 pm haywgl Thanks TDL I might give the land office a call just to clarify everything Remember when you were looking for land and we pionted you were able to download the title plan for a block anywhere in Melbourne..... http://services.land.vic.gov.au/landcha ... sIntro.jsp mmm....donuts Homer Simpson 1956- Links: Site Costs Ready Reckoner | H1 Addiction Medical Advice | Château TDL: The Backyard Re: I can't believe it!! 40Aug 01, 2008 3:25 pm Well guess what??
There is NO easement at the side of the property - only at the back of the property My lawyers actually printed off the wrong lot no and sent it to us!!! All this stress for nothing...no side easement! In a way it is a blessing in disguise though as it means that we were able to see the other fault which was the incorrect measurements of the house and land. We now need to work out if we can have a 1m side setback to the garage still, and only a 1.72m setback from the other neighbour. Council rules say that a side setback is 1m for a height of 3.6m then an extra height of 0.3m for every 1 metre increase in height. eg. for a 6.6m height of house there would need to be a 1.9m steback... Have to go and work out the height of the house now, would this include the roof??? Or only the wall height? My karma ran over your dogma I work with owner, he/she is my man on the ground and I instruct them when to visit the site and take photos and I have other tools in the bag. 4 15244 2 10974 |