Building on an Easement

Hey All,

Anyone know about building on easements? I just got the below back from the council:

"I have looked at your application. I will have to discuss this one with my supervisor tomorrow.
It looks as though there is a pipe in the easement and a pit.
If you cannot build the garage you may be able to build a carport or a garage that is easily dismountable.
Your property is also within the floodway, which may have further issues with Council getting access to the pipe etc"

Problem I have is that NO pipes run under the easement and the two pits are NOT be built on. in fact one pit which is close to the grarge is next door.

Does anyone have any ideas?

Thanks

Only the authority which has rights to the easement can give permission to build over it (regardless of what's contained within that easement).

Depending on what the easement contains, you may still be able to build a garage over it, ensuring the garage has an independent slab. This is, however, providing you accept the risk that at any time, they can rip up the garage slab to get to their services.

Talk to the authority who has rights to the easement (water board by the sounds of it)

Our block had both rear and a side easement. The side easement was giving us trouble until we were able to confirm from both the council and yarra valley water there were no pipes of any kind within it. We ended up having to get written approval from both council & YVW to build over the easement - we had about 300mm of cut & fill over the easement and big eaves overhanging it, so not really a solid structure on the ground directly over the easement.

If you can prove there are no pipes in the easement, you might be able to build your garage over, but depending on your council it may be easy, it may be not. If there is a pipe in the easement, more headaches unfortunately! Not sure what the floodway is, that one sounds more like an overlay issue to me?

T&T