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How to approach neighbors to get storm water easement

Discussion in 'Development' started by htopg, 18th May, 2016.

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  1. htopg

    htopg Well-Known Member

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    Hi
    I have a development in Hornsby area.
    The land is sloped towards the back.
    According to survey, 2 metres fall in 60 metres depth.
    Council only allows natural gravity for storm water.
    That is, pump and charged system are out.
    I need to approach the back neighbor to get easement along his side fence.
    What is the "standard" procedure to start this?
    Leaving a postal mail?
    Any tips to make neighbor more willing to accept your proposal?
    Thanks in advance.
     
  2. Leo2413

    Leo2413 Well-Known Member Premium Member

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    I had a similar issue in Parramatta and guess who was my neighbour? Council...(yes I want to cry here).

    I would think of a plan before you approach the neighvour. Personally, I would knock on their door and have a very friendly chat to them to suss them out. Stay calm, even tempered and don't lose your cool no matter what they say. Explain your situation in a very gentle manner, slightly worried. You want to try to evoke their sympathy. Don't pressure them. Just suss them out and then give them some time to respond if they need it. Let them know that you will leave everything the way it was from before (if you can fix their fence or throw in something for free then highlight that fact). Also have a dollar figure in mind because they may ask you how much your willing to compensate them. If your real figure is 15k, start at 5k or something low. Good luck.

    Just my 2 cents.
     
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  3. bob shovel

    bob shovel Well-Known Member

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    Some good info from Leo (as usual; ))

    What are you going to put on the block?

    2m isn't huge, can you get creative and still get it to the front? Eaves would be 2.5m+ so a dwelling at the furthest point is still above street level.
     
  4. htopg

    htopg Well-Known Member

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    I am going to put a 2-storey house on the block.
    Hornsby Council seems to be more interested in how storm water from areas other than eaves can be drained.
     
  5. Leo2413

    Leo2413 Well-Known Member Premium Member

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    Any update re the neighbour?
     
  6. bob shovel

    bob shovel Well-Known Member

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    Oh yeah my bad, it's the ground water run off to the neighbour's that starts the knife fights ;)
     
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  7. Leo2413

    Leo2413 Well-Known Member Premium Member

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    Yeah I read your earlier post and was thinking wtf...:p
     
  8. A.Butler

    A.Butler Active Member

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    Your engineers might be able to come up with a solution to avoid the easement. other then that paying them off as suggested earlier by Leo is probably the best option.
     
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  9. Be Developer

    Be Developer Property Developer Business Member

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    For house you don't have to worry about getting an easement.

    Your hydraulic engineer will come up with suitable solution.


    In @Leo2413 case, fall was insignificant, nonetheless site was slopping away from street and he was seeking an approval for DUPLEX.

    in your case, fall is bit too much but you are seeking an approval for single house.

    you won;t have to go thru a pain of getting an easement.
     
  10. Leo2413

    Leo2413 Well-Known Member Premium Member

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    @htopg Yes you didn't say in your OP that your just going to put a single house on the lot, so it sounded like a Duplex development. In my case as @Be Developer said, I was going from 1 into 2 so increasing the density and it was sloping away from the street, so I needed an easement. That would also explain why in your case council are more interested in roof drainage.
     
    Last edited: 26th May, 2016
  11. htopg

    htopg Well-Known Member

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    @Be Developer @Leo2413

    This is for one lot to two lots subdivision.
    There is already a house at front.
    I am going to construct a new house at the back after subdivision.
    Sorry for the confusion.
     
    Last edited: 28th May, 2016
  12. htopg

    htopg Well-Known Member

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    The hydraulic engineer came up with "charged tank system".
    After the hydraulic engineer talked to Hornsby council town planners, Hornsby council town planners insisted to have a solution that only replies on gravity (the storm water easement!!).
    Now hydraulic engineer is waiting for me to talk to neighbour to get the storm water easement so that he can finish his job and change me $$$.
     
  13. bob shovel

    bob shovel Well-Known Member

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    Do they want an "easement" or a pipe going through the neighbour's?
    @Leo2413 you went the formal easement with the big price tag, can you may run a pipe through with neighbour's permission (and exchange of $$)
     
  14. Be Developer

    Be Developer Property Developer Business Member

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    They would want both. I don't think council will allow to run pipes thru neighbor's property without registered easement.

    To @htopg , See how you go with neighbour, if not successful, get a letter from neighbors that they are finally refusing to grant an easement .
     
  15. Scott No Mates

    Scott No Mates Well-Known Member

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    The engineer wanting to submit their invoice is the least of your worries - the easement/engineered solution will cost you more than their fee.
     
  16. Leo2413

    Leo2413 Well-Known Member Premium Member

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    A pipe going through a neighbour's land will require an easement. And this can take up to 6-12 months to get sorted.
     
  17. bob shovel

    bob shovel Well-Known Member

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    Can you do it with the neighbour's permission, avoiding the fancy piece of paper? Say if the the neighbour was able to use it to, or for future use.
     
  18. Leo2413

    Leo2413 Well-Known Member Premium Member

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    I think you still need to register it though, at least that's my understanding.
     
    Last edited: 30th May, 2016
  19. bob shovel

    bob shovel Well-Known Member

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    That would be a bucket load cheaper and easier * than easement

    *nothing easy when work for the dole council officers are involved
     
  20. Leo2413

    Leo2413 Well-Known Member Premium Member

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    : Section 1(2) of the Law of Property Act 1925 states that easements are an interest capable of being legal, with S52 of the 1925 Act stating that all conveyances will be void unless created by deed. Therefore, for an express legal easement to be formed rather than simply equitable it must have been created by deed. A legal easement must be registered against both the dominant and servient tenements, if their titles are registered, in order to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement


    I don't know if this is still relevant today though.
     
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