Browse Forums Building A New House Re: Easement on side of property - help/advice needed 21Jan 30, 2009 1:58 pm Thanks for the feedback.
Is there anything I can do about this? I have already paid a deposit after fully council approved plans ($20K) and this was not raised at any time. Why wouldn't it have come up during DA approval? They were supposed to be onsite to start build before middle of the month and now they want to raise the costs on me inline with the new price list. I being royally screwed it feels. Re: Easement on side of property - help/advice needed 23Jan 30, 2009 2:03 pm If the council staff were on the ball, they should have checked at DA stage for easements etc. However, it SHOULD have been addressed at CC stage. Definitely. I think it would be best to contact the council and ask why this is an issue now. If the builder gave the specs to Council (check that they didn't use a private certifier - is so, call him) they would have been well aware of the effect the type of construction would have on any surrounding easements. I would go back to the deposited plan of your property and ask the builder why this wasn't investiagted as part of the tender. They should have realised then it was goign to be a problem and quoted you accordingly. and yes, it sounds like you're being _____. Re: Easement on side of property - help/advice needed 24Jan 30, 2009 2:10 pm if it is 6 feet wide then there is already an allowance for building next to the easement. most new easements for stormwater are 2m wide. the issue will be is how deep is the stormwater pipe. What is being built next to the easement and how close is it? if it is on the adjoining property than any building will need to be at least 900mm from the boundary. so assuming that the pipe is ****** in the centre of the easement - then there will be 3ft + 900mm to the closest building line. so almost 2m. that should be plenty to allow for the zone of influence. but....what is the slope of your site? Re: Easement on side of property - help/advice needed 25Jan 30, 2009 2:22 pm thanks sg for your help. I could email a diagram to you if you like with the details.
From what I can read, the front of the house is at 19600 street level and slopes down 17800 at the rear Re: Easement on side of property - help/advice needed 26Jan 30, 2009 2:28 pm if the pipe is ****** to the right of the easement, so furthest away from my land rather than in the centre of the easement, then this is a more favourable situation, is my conclusion correct?
Thanks Re: Easement on side of property - help/advice needed 27Jan 30, 2009 3:05 pm Without looking at any plans, if your site falls at the same grade from the front to the back as the easement, then the the zone of influence shouldn't really change.
If the pipe itself is not centred in the easement it doesnt really make a difference. Council/Syd Water can replace the pipe itself at any time. I think it mostly depends on how close you are building to the easement and possibly the soil structure. If your lot falls 1800mm over 42m than there may be some rock that needs to get ripped (jackhammered/removed). This could be part of the reason why the builders are concerned - but they are responsible for their actions as far as damaging other property - not you. Re: Easement on side of property - help/advice needed 28Jan 30, 2009 9:51 pm If you have a fixed price contract I would read thru your contract with the aim of lumping any additional cost on the builder. If the information on the easement and pipe was available prior to them signing then I would have thought their design must cater for it. The builder can pass on a variation if the cause for the additional cost was not know prior to signing ie. rock that didn't show up on the soil test. I'm no expert on contracts but that would be a good place to start. As you can see from the previous posts there is a fair bit involved when building adjacent to a drain/sewer or what ever it may be. 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 16148 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 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 3383 |