Encumbrance sewage problems?

Hi guys,

I am interested in buying a property and just been advised by owner today that this property has a encumbrance sewerage. It wasn't in Lisa's property before, but when the next door neighbor Rob did a new fence many years ago, Rob returned Lisa more land, so the fence moved slightly over to Lisa's way, Lisa got more than, BUT the sewage are in Lisa's property now.

In my opinion, Lisa may get 30sqm, but she got the sewage, it will devalue the property, isn't it?

Lisa told me, she will take off the encumbrance sewerage at her cost before settlement?

Can she take off sewerage? How much will be it? She told me she can take off sewerage, but where can she put the sewerage?

Hope to hear your inputs. I was interested in the property, but today I found out the sewerage, it is not good feeling. Even it is sitting near the fence, I am just concern it will affect the future property development. Usually this kind of encumbrance will devalue the property and affect its future growth.

Thank you.

 

Who's Lisa? Is Rob a fencer? Get a survey done to confirm where it sits, review the sewer diagram and check any encumbrances.

Moving a fence doesn't move the boundary nor create obligations or easements.

The existing sewerage encumbrance stays with the property it sits on.

 

Thank you for your input. Lisa is the vendor i want to buy house from. Rob is next door neightbour.

When the new fence was done, due to the fence was moved to new line, the sweage was under Rob's area but now under Lisa.

What kind of survey should i get done?

 

No need for a survey in my opinion, all you need is a sewerage diagram from SA Water (might be in the contract of sale as well).

I've got an HV powerline easement in my backyard. I hereby formally declare that all of my neighbours are welcome to move their fence line back to give me a bigger backyard with more of the easement.

 

Boundary identification, title search, search of any easements and also that of the neighbour, deposited plan.

You will most likely find that the block is smaller than where the fence lies but you don't have the easement. @lixas4?

 

@Adelaide B

I concur with all the above posts,
Check the sale contract documents or order a sewer diagram. Depending on what you find may determine your next course of action.

Was an identification Survey Report supplied? If so, this will show any encumbrances, enchroachments (if any) easements (if any), lot dimensions etc. It will show where all structures sit in relation to the property boundary. it is a report on the title of the property.
otherwise consider engaging a Land Surveyor to provide a report for you.

 

You won't "get" the sewer. You either always had the sewer or you didn't. The only thing that's changed is the location of the fence. 99% of fences are in the wrong location in the first place. Only way to find out where your boundaries are in relation to the sewer is to get a surveyor to peg it out. Look at the sewer diagram to see where it is in relation to your property

 

I reckon let us what vendor did too, welcome neighbour to give her more easement, lol.

It is a sales without agent, vendor hasn't got form 1 done yet. She want to know if she will be happy with the price I offer first before she organize form 1. I kind of understand. She said I can put on contract " vendor to take off sewage before settlement' . But I have feeling she hasn't contacted council to see if it can be taken off?

 

Is sewer diagram in the form 1?

It is a private sale, vendor don't have any form 1, title of search as far as I know. She want to sign contract with me first before she orders form 1. She does know the cooling off doesn't start until I receive form 1.

 

Vendor said she will take off sewage before settlement.

She said the above condition can be put on contract.

Is it possible to remove sewerage off site?

I think she hasn't checked with council or SA water.

 

Do you have a conveyancer? You're questions are really concerning.

Honestly, can you not see the issue with removing the sewerage line from the site?

 

I have, but I haven't signed contract yet.
The vendor said she will take off sewerage off site. I am very concerned too. But she said it will be removed before settlement.

Is it possible?

 

@Adelaide B - it sounds like you're negotiating directly with the owner (ie there's no agent involved, no contract prepared to review).

You need to get the searches done or the copy of the contract so you know what you're buying.

 

Yes I am, lol.

She will get form 1 done if she is happy with the price we are going to offer on Wednesday.

So I am doing my research to see what I can offer her. I had a figure in mind and was confident she will accept. Until she told me about easement last Saturday. I think this easement will devalue the property price. But she said she will remove easement before settlement. It sound like I shouldn't consider this easement at all since she will remove it?

 

How is she going to remove the easement if the property is burdened?

Did you manage to get your searches ordered on line or are you getting them through your solicitor?

 

You need to check both your title and the sewer diagram to find out where the sewer is and you need to find out exactly what is being done to "remove the sewer". At this stage, it sounds like you don't even know what it is, is it an easement? Is it a sewer? Is it an easement for some sort of sewer? They are all different things and involve different processes to "remove".

Most of the time, a sewer is not an easement and will never be shown on the title, easement and a sewer are usually two different things. Even a survey report will not show sewers most of the time unless you specifically request that it be shown.

Sewer's cannot magically be "removed" from a lot on paper and physically removing or relocating them would take months of applications, paperwork and certification. The only way this can happen on paper is if the boundaries are realigned and the sewer is no longer located within your lot.

Sewers are also different animals to easements, they can be encroached on and they can be built over as long as you construct appropriately. I.e. if within zone of influence, pier down below the pipe, or if building over, concrete encase the pipe, it's not as big of a deal breaker as an easement is.