Browse Forums Building A New House 1 Oct 16, 2008 11:20 am We have just been to our prelimary contract appointment (building with M) and we were shocked to find we had an easement on the side of the block that we were going to build the house that was not disclosed in the section 32 when we bought it. It is a sewer pipe that runs the length of the property. We are doing a demolition and build in the inner suburbs and Yarra Valley water claim that an easement was never created as the original owners may not have wanted it in 1958 so was never properly recorded. My question is has anyone been able to get a permit with yarra valley water to build a garage over an easement-they say it may be possible if we allow access holes in the garage if they ever need to get to it-i'm not sure if M will come to the party or not though yet. The current situation is we will have to build the house in the middle of the block and have a useless 2m of land on each side rather than having a more usable 4m on one side. Also flipping the house to the other boundary has its own problems-crossover would have to be changed, telstra pole out the front of that side, floor plan not as good etc etc. Very frustrating!!!! Re: building over an easement 2Oct 16, 2008 11:22 am What a pain in the butt, not cool. I think you'll struggle as the easment is as much about access as it is about not having a load over the area.
Re: building over an easement 3Oct 16, 2008 11:48 am Have a look at this link;
www.landservices.sa.gov.au/2About_LSG/2 ... ements.pdf It might give you a better understanding of the hows and whys of easements. Pat the draftie. Re: building over an easement 4Oct 16, 2008 3:50 pm If it wasn't in the section 32, then I assume its not Registered on your Title (Have a look at the Title diagram). Therefore you are in a slightly better position when negotiating with YVW. Yes the actual service is there, and what they are saying is that they have an 'implied easement' (different from a normal easement which are technically 'expressed easements) or right over it, as it has been there for a number of years .
So you need to get their permission to build over the service (and not an easement, which would be a slightly more involved process), which they seem to have agreed to. I would consider flipping the house, or at least modify the house so the garage is on the other side. Otherwise push on as you mentioned with the inspection pits, which in time you would eventually forget are even there. easement issue 5Oct 17, 2008 10:51 am We have now been told M will not build over an easement even if we have permit!-so frustrating!!! Do all the volume builders have this clause does anyone know. Do you have to be building with a more custom-design builder to have more chance of allowing this? If we flip the house and build on the other boundary does it matter that the telstra pole will be in line with the centre of the garage (i know from a feng shui point of view this may not be good if you're into that). Thanks for any info you may be able to provide. Re: easement issue 6Oct 17, 2008 1:01 pm jspitz We have now been told M will not build over an easement even if we have permit!-so frustrating!!! Do all the volume builders have this clause does anyone know. Do you have to be building with a more custom-design builder to have more chance of allowing this? If we flip the house and build on the other boundary does it matter that the telstra pole will be in line with the centre of the garage (i know from a feng shui point of view this may not be good if you're into that). Thanks for any info you may be able to provide. If the easement thing is a definate goer, and you have to flip your house, You could always apply to telstra to get the pole shifted. They do this a lot, you will have to pay for the privelage though. Pat. Re: building over an easement 7Oct 26, 2008 3:40 pm you'll be struggling to find any builder silly enough to build over an easement and i really wouldn't advise it. most councils/service providers are very wary of approving any permanent structural or building works being constructed over one of their easements. reason being that if any maintenance is ever needed on the service running through that easement, it's generally always a very costly sh*tfight in working around the building or demolishing and rebuilding.
builders won't do it because they have to look out for themselves through the warranty/maintenance period after construction. they obviously wouldn't want to be coming back four years after you're all settled in if say, a sewer main has burst beneath your master bedroom... that's the whole point of easements - essential services need free, maintanable access to the areas they need to supply. Re: building over an easement 8Oct 26, 2008 10:33 pm Quite often you are allowed to build a garage or carport over an easement, as long as floor surface is able to be removed fairly easily removed (eg grano). Check your council, they should be able to advise you what is best. Re: building over an easement 9Oct 27, 2008 10:45 am geee this sounds like de ja vu....
the deal with easement is depending on what type of easement it is..if its for drainage then its a battle with the council..if its for sewerage or power then its a different matter. All easements must be on the title unless its an 'implied easement' which means it doesnt get drawn on the title but it should be written in words on the title ie. location and dimensions. IF its not on the titles at all then get ready for a legal battle if you want to take the council/telstra/yarra water on. Other things to consider are : who benefits from the easement the most? you or neighbour etch? if it was built in the 50s find out what it act was it built under.. a thread i started recently talks alot about easements..good luck. (search for author =smeagol) smeags. ---->Some say that a recession is when your neighbour loses his/her job while a depression is when you lose yours!<----- 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 17168 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 16150 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 3387 |