Drain/council water

Discussion in 'Legal Issues' started by Soso, 13th Jan, 2018.

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  1. Soso

    Soso Well-Known Member

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    hi everyone
    We have made a contract to our first home, but we just realised that it has quite big and deep block on the corner of the house close to the fence there is council water or what it’s called council drain, does this effect the house and what is our responsibility and does it effect if we want to build in the future???
    Please help

    Thank you
     
  2. bmc

    bmc Well-Known Member

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    do you mean, a concrete drainage pit?

    Have a look at the property title is there an "easement to drain water" noted. If so, then take a look at the Deposited Plan it will show the location of the easement.
    did you have a survey report done ?, if so it will also show the location of any easements over the lot.
     
  3. Soso

    Soso Well-Known Member

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    Yes it is a big round concrete, on Monday will go back to real estate.


    Thank you

    Cheers
    :)
     
  4. willair

    willair Well-Known Member Premium Member

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    Does it look like this?.
    [​IMG]

    If it does then it may well pay to buy a plan of the plumbing,and see what and how many connect into the above..imho..
     
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  5. Soso

    Soso Well-Known Member

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    Yes exactly the same . Thank you
    Do we have to speak to real estate about the plan?
     
  6. bmc

    bmc Well-Known Member

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    so you have received a contract to review ?

    the vendors agent is only going to give you enough information to complete the sale.
    this is why you need to engage a Solicitor to act on your behalf.
     
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  7. The Y-man

    The Y-man Moderator Staff Member

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    @Soso writes "we have made a contract" - I think this means she has signed the contract already?

    The Y-man
     
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  8. The Y-man

    The Y-man Moderator Staff Member

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    Yes it will affect what you want to build - that can include driveways - not just on or near the drain, but any "easements" (where the big undergrounds pipes are)

    The Y-man
     
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  9. babyboomer1

    babyboomer1 Well-Known Member

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    You will not be able to build over the pit. Also you will need it to be accessible to council if they need to .As others have suggested that is why you will need to get the conveyancer or solicitor to organise the survey plans find out where the pipes come from and go to as you probably will not be able to build over any of the wasment.
     
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  10. Soso

    Soso Well-Known Member

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    Thank you
     
  11. Soso

    Soso Well-Known Member

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    That’s why I posted to “buy” a solicitor hhhhhhhhh
    Thank you again
     
  12. Soso

    Soso Well-Known Member

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    We signed yesterday and paid the 0.2% now we have the cooling period
     
  13. Soso

    Soso Well-Known Member

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    Real estate only gave us the first page of the contract for the broker
     
  14. ff3

    ff3 Well-Known Member

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    You should never sign anything without seeing the whole contract!
     
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  15. Beelzebub

    Beelzebub Well-Known Member

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    I wouldn't panic too much. The easement is probably where your back yard is going to be if you decide to build. In reality it will probably only impact where you can put a garden shed. That being said, make sure you check this is the case. Prob want to get onto it before the end of the cooling off period.

    Council should have a plan of subdivision with all easements noted. I'd get onto them tomorrow. You should also sort out your conveyancer ASAP.

    Remember the Real Estate Agent is not your friend. He works for the vendor and he wants the sale to go through so he gets his commission.
     
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  16. Soso

    Soso Well-Known Member

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    Thank you tomorrow going to go to a lawyer and check for us.
    My husband asked the real estate agent to send the plan and I can’t tell in the notification it does mention about the easement. He didn’t want to give any paper other than the first page but after we mentioned the easement and asked for a copy he emailed it just now
     
  17. Soso

    Soso Well-Known Member

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    We asked if there was anything wrong with the land he said no and signed it we trusted him , going to silisctor tomorrow .
    Thank you
     
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  18. Trainee

    Trainee Well-Known Member

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    Next your going to tell us youll be speaking to a mortgage broker for the first time next week.
     
  19. Scott No Mates

    Scott No Mates Well-Known Member

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    Cut out the middle man and go straight to the bank, as like the agent, they're only thinking of you ;)
     
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  20. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Its unlawful for you not to have a full contract. Is it a contract or did he just give you info to get a pre-approval moving ?

    Solicitors advice on the contract AND the sewer and its easement needed if its on your land (often more than is visible).. The easement for sewer will be on the title deed in the contract. It shows the part of the land you cannot build on. That can affect land value. Often not. Some easements can be wide however. eg prevent a pool or extension or a structure such as a wide garage.

    Solicitor will want all the contract. REA should know that. They arent allowed to give a part contract !
     
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