Browse Forums Building A New House 1 Oct 16, 2008 2:21 pm Hi All
We have a 3m easement running along our rear boundary. We have cut and filled our block so that we have about 1.5m of fill in the back corner of the block. The builder has built a 1.5m retaining wall along the side boundary and has stopped this wall short of the 3m easement. I want to build the backyard up so that its level and want to build a retaining wall along my back fenceline and accross the easement along the side fence. (Basically continuing the builder's retaining wall). I have spoken to an engineer who says that its structually okay to put in 3m sleepers as long as they are thick enough and are braced with brackets in the centre. This avoids having to drill into the easement. My question is do we still need a permit/council approval/dispensation to erect this portion of the retaining wall even though there are no posts going in the easement. Any advice would be appreciated. thanks Em Re: Easement/ Retaining wall question 2Oct 16, 2008 3:41 pm You need to see who the easement is in favour of. You may then to ask them for permission to build over. If its just a sewerage and drainage easement in favour of Council, I personally wouldn't worry for a retaining wall and embankment (provided you don't bury a pit). The only risk is that if they ever need to access the pipes, they have every right to remove what you construct.
By the way an easement is typically, not limited in height. So whilst the actual service (pipes etc) is buried the legal rights extend upward (above ground level) and downward. So regardless of the style of the works you techically are constructing in the easement. Re: Easement/ Retaining wall question 3Oct 16, 2008 8:33 pm From our experience I would assume you do have to apply to your water authority for permission. We did and it was fiddly and took weeks. Since I have spoken to heaps of people who didn't bother to notify anyone and I can see why. I saw a retaining wall the other day where the home builder extended it up so it became a fence at the top. We have to build a fence on top of our retaining wall. Wish I'd seen what he had done earlier. Fi has moved in!! 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 3357 Thank you again Simeon.. I will call my certifier for that. Have a good day 4 5179 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 17154 |