Browse Forums Building A New House 1 Dec 03, 2011 7:09 am When we bought our land we had no easements on our property. Our side neighbours have a narrow corner block and in the DCP it says they can incorporate a zero lot line if..."a maintenance easement is provided on the adjoining property" Now our porch & landscaping is along this side so we absolutely don't want to provide a maintenance easement. Since the easement is not on our title are we within our rights to refuse this and hence stop a zero lot line build? We don't want to make trouble for our neighbour but we also don't want to give away rights to our land either Re: Access easement 2Dec 03, 2011 7:10 am BTW if they didn't have zero lot line their setback would be the standard which is 900mm which we are fine with Re: Access easement 3Dec 03, 2011 8:12 am Hi I am not a lawyer but my understanding is that the only people who can compulsary acquire an easement are councils, and public utilities but they still have to pay for them. Private individual have to buy them from a willing seller, which you aren't so you should be fine. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Access easement 4Dec 03, 2011 12:34 pm Having an easement will reduce the value of your land (and by a fair margin) - I personally would not do it just to keep your neighbour happy. I currently have an easement running down the side of my existing block and getting ANY works on the easement is a huge pain - needs to be approved by council and water authority and you have to pay $600 everytime I need to issue a Authority to build over easement permit. You need a permit for everything - retaining walls, buildings, sheds, paving etc... you get the idea. Basically you can only have grass or landscape without a permit. If I ever move from my existing block I will never buy a block again with an easement. Thats my 2 cents... Hope it helps Cheers, Alpal Building PD Heathmont 40 BLOG: http://alpal-pd-heathmont40.blogspot.com/ Deposit paid 19/08/2011 Contract signing 3/10/2011 Site Start 10/11/2011 Slab 23/11/2011 Re: Access easement 5Dec 03, 2011 12:38 pm bashworth Hi I am not a lawyer but my understanding is that the only people who can compulsary acquire an easement are councils, and public utilities but they still have to pay for them. Private individual have to buy them from a willing seller, which you aren't so you should be fine. Sorry - should have added bashworth is right. They can only aquire an easement if your willing to sell it. Only Gov, Council and Utilities can force you with an easement (they have to compenstate) Cheers Cheers, Alpal Building PD Heathmont 40 BLOG: http://alpal-pd-heathmont40.blogspot.com/ Deposit paid 19/08/2011 Contract signing 3/10/2011 Site Start 10/11/2011 Slab 23/11/2011 Re: Access easement 6Dec 03, 2011 12:49 pm This is my two cents worth,when l was doing my subdivision and was thinking of services yarra valley told me that they would make and l quote make the land owner allow me to run services on there boundry fence.This is an old farming area so could be different. Re: Access easement 7Dec 03, 2011 7:24 pm pattycake4 This is my two cents worth,when l was doing my subdivision and was thinking of services yarra valley told me that they would make and l quote make the land owner allow me to run services on there boundry fence.This is an old farming area so could be different. Definately different - your example is not an urban block Cheers, Alpal Building PD Heathmont 40 BLOG: http://alpal-pd-heathmont40.blogspot.com/ Deposit paid 19/08/2011 Contract signing 3/10/2011 Site Start 10/11/2011 Slab 23/11/2011 Re: Access easement 8Dec 03, 2011 7:37 pm pattycake4 This is my two cents worth,when l was doing my subdivision and was thinking of services yarra valley told me that they would make and l quote make the land owner allow me to run services on there boundry fence.This is an old farming area so could be different. When someone subdivides and requires sewerage or drainage services to the blocks a condition of having the service is the landowner provides easements at no cost to the servicing authority. This is different to obtaining easements on an already subdivided, and developed, block The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. 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 17138 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 16130 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 3328 |