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Build a garage subject to "Build Near Easement"

Discussion in 'Renovation & Home Improvement' started by edge10, 19th May, 2016.

  1. edge10

    edge10 Member

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    Guys, I am trying to add a garage along the boundary , basically at the end of the driveway. Anyway I have determined that along the boundary my neighbour has an asset / sewer pipe.
    So i call yvw . Anyway the person at yvw basically says the following:
    The pipe is 300mm diameter concrete.
    It's 4m deep and runs the length of the boundary
    And you cannot build a building within 1m of the boundary.

    Has anyone encounted this before and have built beyond their restriction, what was involved, who got involved an engineer for example, what was the cost.?
    What is considered a building, is it possible to make a lightweight garage,, anything pls help

    It just won't make any sense to build a garage 1m in .
     
  2. sanj

    sanj Well-Known Member

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    it does make sense to build it 1m in because when you bought the land it would've clearly shown the easement and because you don't want to one day be in the position where your expensive garage rightfully gets hacked up in the event the sewer needs to be accessed.
     
    Joynz and Propertunity like this.
  3. melbournian

    melbournian Well-Known Member

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    this is standard stuff in all s32s . what if your builder or person who does the garage digs and busts the sewer pipe. repairs would be huge with no insurance coverage being you knew there was an easement there. just stay 1 meter away and you will be fine. you need to put an application to build over easement anyway if you were to proceed which would not be approved if it didn't comply with the regs.
     
  4. Agent99

    Agent99 Well-Known Member

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    Maybe you can sell the roller and get a Fiat 500 :D
     
  5. edge10

    edge10 Member

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    FIAT fix it again Tony.
    The thing is there is a tin garage there atm, it's rusting and posibly been built without permits no idea, we bought this place 30 years ago.
     
  6. Agent99

    Agent99 Well-Known Member

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    ok so whats the minimum you have by building 1m off the boundary ?
     
  7. edge10

    edge10 Member

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    It may work. If we got 1m off the boundary. But what happens with that 1m space. Current garage is about 10 to 20 cm from boundary
     
  8. Agent99

    Agent99 Well-Known Member

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    1m space will be just that, 1m space for garden or similar.
     
  9. bob shovel

    bob shovel Well-Known Member

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    That sounds temporary or just a garden shed, easily removable.
    The 1m is probably the council guidelines for building off any part of the boundary not just where the sewer is.

    If the pipe is in the neighbour's block its likely you won't have an easement in yours.for 300mm likely no formal easement anyway. If yvw said 1m off the bdy they are just giving you the council specs so the pipe must be in your neighbour's property far enough that it is no issue to you
     
  10. Joynz

    Joynz Well-Known Member

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    I believe that if there is no easement on your side you are not restricted.

    Just apply for the permit for the garage in the usual way. But don't start anything until you have all required permits.
     
  11. edge10

    edge10 Member

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    thanks guys, a lot of good advice here..