Downstream neighbour has refused stormwater pipe access. Do I have any other options?

Yes I'm giving them enough for a nice overseas holiday

No this one is south of Brisbane

Overland flow next door so the block isn't worth developing.

No, BCC won't allow pumps for 2 lot subdivisions

 

1) Are there any updates on this issue?
2) I was trying to search the NSW Land and Enviro Court for cases that may be related to this but could not find any. Does anyone know of cases that went to court and what the outcome was?

 

Frankly, I think $100K is closer to the mark as what you propose may limit future options for the site and would definitely affect their resale value to a far greater extent than $5K you offer compared to an encumbered property.
Marg

 

Why would it affect their options going forward? It is a private pipe along their back fence and no easement will be registered.

Wylie the house didnt sell. He contacted me just before Christmas to say he was taking the property off the market and will give access now. DA was submitted this week after delays with the other neighbour and the town planner. The back neighbour has since relisted his property so fingers crossed the approval goes through quickly and he's still ok with the works to be done. The joys of developing!

 

That's a good idea, pretty creative solution.

 

The house was on the market for 300-400k over other agents' appraisals. That overspend would be more than the profit gained on the project.

 

I have a similar situation, we have an IP in Logan, the neighbour want to run a 150mm roof water pipe through our yard, apparently with no easement 0.5m from the side boundary fence... He wants to build a duplex in his back yard... The closest point to get rid of the water is through my yard.

I'm not sure to allow this and what compensation I should ask for and will it limit my future development potential as the site is zoned for approx 5 town houses (809m2 block)...

Any ideas, should I allow it and what compensation should I ask for or be expecting?

 

Solicitor likely best bet. Plus a figure for compensation and in writing how they are to restore the yard of you go ahead, eg turf, re plant any plants etc

 

Hi Rico,
( i can understand if this sounds anti development but I make no appologies) can I suggest you avoid this at all costs. The duplex development next door is just a business venture. In theend you may well suffer a situation where if you wanted to go ahead with your 5 plex development at a later stage you will have increased site costs or the inability to develop all 5.
We are in a similar situation with my parents home in Sydney. My parents neighbour over the back fence wants to build a 3 story house and run the enire storm water through a side easement down the blind side of my parents block. The result would be an entire side fence and concreteing work down that side of the property + replacement of trees and the stress and inconvienence to both my parents (both in their 80's). The owner- developer just turned up out of the blue one day with his engineerin in tow and demanded acess to the yard to carry out his measuremnts for feasability. No nice letters or approaches were made before this first visit! No discussion or thought as to how the impact would affect my folks us or the reduced value to the property for something like this to go ahead.
The difference here is the family home has been in the family for nearly 70 years and no one has a desire to upset the folks with talk of a knock down and redevelop. This home has a lot of emotional value tied up in it and dad has said he would only have the one other address he wants after this place is Rookwood.

 

The only case o know of with similar circumstances had a legal agreement relating to who paid for any blockage or work needed to maintain the piping. This agreement was to apply to any future owner of the property. Maybe a caveat?

This was around 30-40 years ago so things may have changed.
Marg