Easement registration for rain water

Discussion in 'Development' started by Tenex, 19th Feb, 2017.

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  1. Tenex

    Tenex Well-Known Member

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    Thank you for reminding me time and time again of my rights.

    I am not here to argue what rights I have, but rather find out how other people have sorted out similar situations.
     
  2. lixas4

    lixas4 Well-Known Member

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    Hi Tenex, how is it going?
     
  3. Tenex

    Tenex Well-Known Member

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    An update...

    I needed to get easement from 2 side neighbours and I have now managed to get an agreement from one the neighbours which was the key neighbour but the other one that is owned by an old lady is not responding at all. I have left a few letters with her to give to her daughter to get back to me but to no avail.

    She is italian so doesnt speak English well and she is quite old. The funny part is if they gave me permission to run the pipes, firstly its on a very small portion of their backyard right close to their back fence so it has no impact on them, secondly it is very beneficial for them because their site has the same contours as mine and they can later tap into this pipe to make their site a duplex site at my cost and I am paying them money to run the pipe as well. How good is that?

    I have sent them a second letter describing all of this but to no avail.

    It's annoying because I have no other way of reaching this neighbour or her daughter and it appears I will have to run the pipes on the street but the problem is that one of the engineers at the council is now playing up a bit.
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    Why are you persuing the more expensive option of an easement when you have a free run to the street?

    Why is the engineer playing up?
     
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  5. 380

    380 Well-Known Member

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    Great!

    You won half of battle (just as yet)

    One that agreed to run an easment thru their property.

    Following must be done:

    Easement must be recorded on their title
    If they have mortgage - must get lender's consent and register it with land title office

    Most owners change their mind by the time you get to above points.

    I agree with @Scott No Mates input on this thread! (P.s I find his posts most informative)

    If you going thru Courts:

    Court may order case in your favour but you will have to pay fair price.

    Fair price is genrerally determined by market value of land - mostly determined by professionals (local REA , valuer,etc)

    Ouch... costly :(


    Best to engage right hydrolic engineer who knows how to work around it.

    Council can be convienced for pump out system or charged system.

    You must produce letter to council from both property owners refusing you an easment!
     
  6. Tenex

    Tenex Well-Known Member

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    While neighbor A has "verbally" agreed to take some money and (provided I agree to certain conditions) they may give easement, it is meaningless without the neighbor B (the old lady), as I have no way of getting the water to property A before going through property B first.


    I have visited the old lady a few times, dropped off a few letters but it appears either she is not giving the letters to her children or more than likely her daughter knows about it but she just ignores it. In any case getting an easement from neighbors doesnt appear to eventuate and if someone is not responding, I cant provide the council with anything other than my own communication with them.

    I am now leaning towards the option where I lay the pipeworks on the street and establish a pit which is a bit more expensive and complex but appears to be the main available option here. However it appears that there is a new engineer at the council who I talked to initially about this option and he agreed "council must be very stubborn to disagree with this option" but is now playing up saying council is not interested to look at this type of works as it becomes their asset and they have no interest for new assets etc. I couldnt understand the correlation between his initial comments and his later comments and how he contradicted himself but we are dealing with the council here....

    In any case it appears I need to put the DA with the option to lay pipeworks on the street into the council and if they disagree I will need to hire some professionals to argue the case and get it through.

    Water pump etc options dont work with this particular council, if it did I would be buying everyone here a drink instead of making this topic.

    Anyone else that has dealt with similar situations before, feel free to post or PM me. Would be good to hear what other people have done in this types of situations.
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Why is utilising council infrastructure more expensive than the creation of 2 easements?

    What will you be connecting to if you did get the easement?

    You would still have to build some form of detention pit to slow the water from your site, so the additional cost is a kerb inlet pit, sump and grate to council specs vs 2 x easements, legals, surveyor, reinstatement of neighbouring properties.

    We built a s/w pit and grated kerb inlet on one site years ago. Utlilities depot behind the site.

    Get your DA & a deferred commencement then engage a decent drainage engineer to push for the solution with the council.
     
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  8. Tenex

    Tenex Well-Known Member

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    They wont accept the DA unless if I either have a registered easement (or an official letter to that effect) OR they agree to the proposed solution on the street.

    Council solution is more expensive as we have to rip up existing concrete, have to go deeper, the pipes used are made of concrete etc etc.

    At the moment it is not so much that the solution on the street is more expensive, it is that some new engineer at the council can give me the run around based on the comments I mentioned above.
     
  9. Marg4000

    Marg4000 Well-Known Member

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    Get your application in order and lodge it.

    At the moment, the engineer can only comment on what he understands from the way you describe things.

    Once a formal application is made it will be considered on the facts.
    Marg
     
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