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Easements

Discussion in 'General Property Chat' started by skuzy, 12th Jan, 2016.

  1. skuzy

    skuzy Well-Known Member

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    Hi everyone
    Im looking at a site for potential development however due to local council requirements around overland flooding issues they have mentioned I would need to build an easement to sell with drainage.

    Hoping to get some input here from anyone with experience with building easements.
    Is this worth the headache?
    To be quiet frank I wouldn't even know how much they cost?
    Still very new to this so there's undoubtedly other issues not yet considered
    Thanks in advance
     
  2. bob shovel

    bob shovel Well-Known Member

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    Did they give any more info?
    You'll probably need an engineer to do the calcs and determine what's required, then council approval.
    It depends on the site and how much water you'll be dealing with, plus what's already there.

    Could be a simple pit and pipework or something a lot bigger
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    An easement is a right over the land not something that is built. So it will cost $0 to build.
     
  4. bob shovel

    bob shovel Well-Known Member

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    @Scott No Mates on paper yes , but it does give the authority access to that land as needed to run pipes or whatever is needed? By the sounds they want something done.

    Either way there'll be a section of land you can't build on
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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    I have had blocks in the past with easements - you don't necessarily have to be the one building anything on it (so cost is $0 + legals) but you are giving away the right to someone else to utilise part of your land whether it be for a substation, cabling, piping, drainage etc.
     
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  6. jpcashflow

    jpcashflow Well-Known Member Business Member

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    Hi,
    Depending on which state and council district you are working with cost will differentiate

    There will be some cost involved, I would suggest getting a engineer to come down and have a look at it.
     
  7. Chilliblue

    Chilliblue Well-Known Member

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    Some easements can be built on and over. To make your life simpler and not to have a costly mistake get a professional in to advise you.
     
  8. Leo2413

    Leo2413 Well-Known Member Premium Member

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    @skuzy Not sure if i understand the question really but generally if you’re asking if buying a deal where an easement is needed and is it worth it will really depend on a) the site feasibility and b) difficulty in getting an easement from a downstream person, or any property that’s in the way of services.


    My Parramatta development needed to get a stormwater easement from council (crossing over their land) and it cost:

    Easement application, administration, legal and valuation $ 6,928
    Easement grant fee $ 5,500.
    It also delayed the project about 7 months. But was it worth it profitability wise? Yes.


    You have to judge each site on its merits. Factor in the cost and time delay of the easement you think you may need into the feasibility and see how the numbers go. With development, it’s completely about the numbers (and timeframe) of each unique deal.


    No expert just my 1.5 cents
     
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  9. RPI

    RPI Property Lawyer, Town Planner Business Member

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    Very common in BCC post 2011 floods. Average cost of install is around $3k to feed a <3 upstream neighbours. Legals $500 - $1500
     
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  10. bmc

    bmc Well-Known Member

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    Hi skuzy,
    I am a land surveyor.
    It sounds to me like council have placed a condition of any future development on your land parcel.

    it could be an On Site Detention Tank ? which is a common condition.
    A Surveyor can prepare the 13PC (positive covenant) and 13RPA (restriction) documents. and the "work as built" drawing.

    it could be as simple as the creation of a drainage easement.? it could possibly be done via a dealing lodgement together with a survey sketch annexed to the dealing.

    if the easement is complex ? it may need a plan of easement lodged with LPI. that involves surveying the land, and preparation of a Deposited Plan and Sec88b document.(ie: terms and conditions of the easement)

    as for the "building" and cost of any drainage structures, that is a, 'how long is a piece of string' question.
    it could be a detention system. it could be a culvert. it could be a piped system.
    some easements can be built over if the infrastructure is contained. in some circumstances an overland flow channel can be built over. (straddled)
    it all depends on the complexity and conditions set.

    I need more information to help.

    I have dealt with a Northern Beaches Consulting Engineer firm. They do our design concepts and costing. They can work in and around your proposed development design.
     
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  11. skuzy

    skuzy Well-Known Member

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    Thanks everyone for the help..
    The easement will need to cross through the neighbours yard then onto the street for drainage.
    which is just more complications not needed.
    ive no idea on how much these cost - so will get in touch with an engineer to get some idea on whats involved. is this generally from a hydraulics engineer or civil engineer would be fine?
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    @skuzy - Hydraulic engineer plays with water, civil plays in mud if you know what I mean.
     
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  13. Leo2413

    Leo2413 Well-Known Member Premium Member

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    And council engineers play with your sanity.
     
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  14. bob shovel

    bob shovel Well-Known Member

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    Bahaha they sure do. Socket rientists!

    We dealt with some junior Muppet, he talked the talk.... And they talked it to my Mrs, ripped him a new one over the phone.
    I could never get hold of him cause he was part time still studying! I gave him the benefit of the doubt being council, odd days answer the phone, evens reply to emails isn't it?
     
  15. Leo2413

    Leo2413 Well-Known Member Premium Member

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    @bob shovel no surprise mate. It's actually quite 'dangerous' imo if you talk to the wrong person at council when doing DD on a site as they can quite easily steer you the wrong way and potentially make you lose a lot of money, either not buying a good site due to their scare tactics or buying a site based on their advice and then when submitting the DA they do a complete about turn and have sudden amnesia.
     
  16. bob shovel

    bob shovel Well-Known Member

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    @Leo2413 definitely! You need to speak to more than one and also brown nose so you don't up set them! I went in circles with this kid.plus the inspector that came out went on about termites etc but wouldn't give me a yes no answer. Couple of days later get a letter different to what he said in the day. Then final inspection, different guy couldn't give a rats. He just said "don't pain the exterior pink or anything stupid "
     
  17. Leo2413

    Leo2413 Well-Known Member Premium Member

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    haha...soo true man..this brings back memories..

    But yeah your right..gotta talk to a couple of them... I also realised that often they have disputes with eachother about a DA...
     
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  18. Scott No Mates

    Scott No Mates Well-Known Member

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    On the odd day I might......Nup, I've lost interest. ;)
     
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  19. Ms Reno

    Ms Reno Member

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    I built a house on a vacant block in a suburban area (never had a house on it) so no storm water drainage. We had to engage a hydraulic engineer to draw up plans for whole house after we negotiated and gained permission from our downhill neighbour.

    Our house drains to a pit we installed in the back corner of our yard at property boundary. From here we created (and registered at NSW LPI) an easement about 4000mm long into the neighbours property, along their boundary close to their fence to a pit that already existed in their backyard (SO lucky) - that then connects to an existing stormwater drain that is already there from my next door neighbours and up the hill from us.

    Cost us a case of beer and we paid for a replacement fence with retaining wall between us and our very generous neighbours - cause they could have said "no"
     
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  20. skuzy

    skuzy Well-Known Member

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    been a while and havent forgoten about this! thanks again for the input..

    starting to feel like im chasing the magic dragon with this one.. :/