Join Australia's most dynamic and respected property investment community

QLD Buying with easement on land

Discussion in 'Where to Buy' started by hash_investor, 2nd Jun, 2016.

Tags:
  1. hash_investor

    hash_investor Well-Known Member

    Joined:
    11th Oct, 2015
    Posts:
    912
    Location:
    Sydney / Canberra
    Looking at a property at the moment, agent says there is an easement on it but nothing serious. A pipe is running underground and you can't build on top of it. Not effecting the building.

    Should I dig further or just walk away because its an easement?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,560
    Location:
    Sydney or NSW or Australia
    Too p(h)unny @hash_investor

    You have to consider how any easement or covenants affect the land before walking away. A drainage easement in the across the front of the block may not impinge on your ability to build a new house but if it's through the centre of th e block it's a different story.

    Does it affect where you may want to build a pool, garage, extensions etc?
     
  3. hash_investor

    hash_investor Well-Known Member

    Joined:
    11th Oct, 2015
    Posts:
    912
    Location:
    Sydney / Canberra
    I am not building anything as its already built pretty good. No intentions of major modifications in the future too. As the agent said building has no impact which means its not the middle of the block...
     
  4. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    920
    Location:
    Qld
    Ignore the agent.

    Ask your solicitor what are the legal ramifications of the easement and make sure you understand the implications before signing. Also take into account that it may affect future resale.

    A few $$$ spent may be well worth it.
    Marg
     
    Leo2413 likes this.
  5. hash_investor

    hash_investor Well-Known Member

    Joined:
    11th Oct, 2015
    Posts:
    912
    Location:
    Sydney / Canberra
    We have got a plan from the council about the easement. It runs at the back of all blocks in that area. Does not seem to be something specific to this block. But I have asked the solicitor to do a check anyway
     
  6. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,382
    Location:
    Somewhere in the land of Oz
    Sounds like sewer and likely not an"easement" but will likely have restrictions if you want to build near it. Dsounds like you have the plans the solicitors will find. What do they say?
     
  7. hash_investor

    hash_investor Well-Known Member

    Joined:
    11th Oct, 2015
    Posts:
    912
    Location:
    Sydney / Canberra
    Its the solicitor who got the plan. It is just a map of the area thats it. Solicitor will do some analysis on it. From the map it looks like no one will build on it anyway because its so close to the boundary of the block.

    Easement was mentioned on the contract which tripped the solicitor. He might me making an extra $$$ from me
     
    bob shovel likes this.
  8. ashish1137

    ashish1137 Well-Known Member

    Joined:
    12th Sep, 2015
    Posts:
    309
    Location:
    Sydney
    Usually, the easement is 2-3 mts. Adjacent to the back boundary of the block.

    I dont think it should matter unless you are too close to it.

    That is a compulsory garden area. :)
     
  9. hash_investor

    hash_investor Well-Known Member

    Joined:
    11th Oct, 2015
    Posts:
    912
    Location:
    Sydney / Canberra
    Haven't seen it in my limited experience. And solicitor also pointed that out so wanted to confirm.
     
  10. Azazel

    Azazel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,113
    Location:
    Brisbane
    Is the agent working for you or the seller?
    I would ring the council to find out more information.
     
  11. ashish1137

    ashish1137 Well-Known Member

    Joined:
    12th Sep, 2015
    Posts:
    309
    Location:
    Sydney
    I have recently purchased a small block with 2 mt. Easement.
    All other blocks in the line have 3 mt easements. Your construction cost increases as you approach near the easement and you cannot build on the easement.
     
  12. Angel

    Angel Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    1,285
    Location:
    Paradise, Brisbane
    I have a sewerage and storm water easement across the back of my land. In fact every block in the street has one. most modern blocks in Moreton have them. We can do what we like there as long as we understand that the council may want to dig it up one day if they feel the need. Chances? Slim. Risk? negligible.

    We have a slab for our little garden shed across one end of it and the slab for the water tank at the other . No, I would not build a swimming pool across it, but something "garden" doesn't bother me if they ever need to dig it up. My land is not zoned for granny flats. I would only consider it if you are thinking about a granny flat or subdivision in the future. You are not going to be allowed to build a dwelling right up to the back fence anyway.
     
    hash_investor likes this.
  13. hash_investor

    hash_investor Well-Known Member

    Joined:
    11th Oct, 2015
    Posts:
    912
    Location:
    Sydney / Canberra
    Himself I guess
     
  14. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,382
    Location:
    Somewhere in the land of Oz
    Dial before you dig will get you some info for free. Then share away :D
     
  15. Azazel

    Azazel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,113
    Location:
    Brisbane
    There you go, you should always double check what they tell you to see if you can verify it.
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,560
    Location:
    Sydney or NSW or Australia
    I had a block once with an 18 m deep storm water easement (big block).

    Also another with 12m deep across the front boundary.

    Both were workable and didn’t scar me for life.
     
  17. Azazel

    Azazel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,113
    Location:
    Brisbane
    When you say deep, do you mean from the front boundary?
    Probably not in the ground...
     
  18. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,382
    Location:
    Somewhere in the land of Oz
    Around.

    There's a beauty in the best street in burwood, old storm water pipe runs directly under the middle of the house! Started collapsing to. That was funny..... :eek:
    Side question who is burwood council merging with? @Scott No Mates
     
  19. #house

    #house Active Member

    Joined:
    1st Feb, 2016
    Posts:
    26
    Location:
    Brisbane
    Based on my searches those pipes along the rear fence line of the block are extremely common. You typically can't build there because of setbacks anyway. I think it would be silly to walk away.
     
  20. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,560
    Location:
    Sydney or NSW or Australia
    Full width of block and 12 m down the block - so more than the standard 7m setback

    @bob shovel - Burwood/Strathfield/Canada Bay (which is already Drummoyne/Concord?)
     

    Attached Files:

    bob shovel likes this.