NSW How to find out easements on a property!

Discussion in 'Property Analysis' started by Bonzo, 18th Jun, 2019.

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  1. Bonzo

    Bonzo Member

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    Potential development site of 1068sqm in St.Mary's New south wales. Owner says there is easement of 7m. Trying to find the easement but not able to. Do not want to disturb the owner. Want to do feasibility and call him with an offer.

    Steps taken till now to find the easement
    1. Sent an inquiry to dial before you dig (all reports do not show any easements)
    2. Looked up pricefinder for any easement ( No easement shown)
    3. Looked up ePlanning Spatial Viewer

    Am I overlooking the information I have in my hand? Can anyone help me how to find out easements on a property the proper way. I understand there are different kinds of easements.

    Thanks
     
  2. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    Are you holding a Contract for Sale? Any easements are listed on the Title Search therein.
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    You need to undertake a title search, then search each of the additional documents and plans on the title.

    DBYD will show existing services which you may encounter if you excavate.

    You will need to log in to someone like: infotrack.com.au
     
  4. bmc

    bmc Well-Known Member

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    what @Scott No Mates said
    or
    I prefer https://www.aussearch.net/

    for the record, DBYD is only a mud-map indicating the location of major services. it is not intended to display information for private services or easements.
    always refer to the relevant property title for encumbrances. you will then need to purchase the deposited plan and / or the dealing document.

    or does the owner have any detail surveys of the Lot. They may show the information you're after.
     
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  5. Bonzo

    Bonzo Member

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    Dial before you dig is coming up with potential NBN line,
    No I am not. Thanks for your reply
     
  6. Bonzo

    Bonzo Member

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    Thanks, will do that
     
  7. Bonzo

    Bonzo Member

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    I will ask the owner for the detail surveys of the lot. Thanks for your detailed reply
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    Most owners won't have anything
     
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  9. Bonzo

    Bonzo Member

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    I got the information from Title Search NSW | InfoTrack and found out there is a drainage easement. However, they do not provide dimensions and which side of the lot carries the easement. Is there a place where I can find the information?

    Thanks for all the help
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    The easement document will reference the plan, you need to search the next document (and keep going).
     
  11. Bonzo

    Bonzo Member

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    I just have the Title search document. I paid $30.38 for it and I just received this page as pdf file


    NEW SOUTH WALES LAND REGISTRY SERVICES - TITLE SEARCH
    -----------------------------------------------------

    FOLIO: 4**/125**
    ------
    SEARCH DATE TIME EDITION NO DATE ----------- ---- ---------- ---- 20/6/2019 12:05 PM 5 9/9/2018


    NO CERTIFICATE OF TITLE HAS ISSUED FOR THE CURRENT EDITION OF THIS FOLIO. CONTROL OF THE RIGHT TO DEAL IS HELD BY NATIONAL AUSTRALIA BANK LIMITED.

    LAND
    ----
    LOT 4** IN DEPOSITED PLAN 125**
    LOCAL GOVERNMENT AREA PENRITH
    PARISH OF ROOTY HILL COUNTY OF CUMBERLAND
    TITLE DIAGRAM DP125**

    FIRST SCHEDULE
    --------------
    A****************
    R************
    AS JOINT TENANTS (CN AE13****)


    SECOND SCHEDULE (2 NOTIFICATIONS)
    ---------------
    1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
    2 AI476*** MORTGAGE TO NATIONAL AUSTRALIA BANK LIMITED


    NOTATIONS
    ---------
    DP111**** NOTE: PLAN OF PROPOSED EASEMENT TO DRAIN WATER

    UNREGISTERED DEALINGS: NIL

    *** END OF SEARCH ***


    Are you suggesting that I need to order easement document separately and cross-reference the two and I will see the diagram with the easement notations on the easement document? What is the document you referring to when you said 'search the next document'. I also was confused when you said to keep going.

    I am new to all this and I very appreciative of you taking time to answer my queries.

    Thanks
     
  12. Scott No Mates

    Scott No Mates Well-Known Member

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    This would generally be the case however the notations indicate this is a proposed easement. A further search of DP111*** will either yield the Deposited Plan showing the location of the easement or just a notation on the plan indicating a proposed easement. There should generally be another document which would be the easement.

    @bmc or @lixas4 may need to elaborate further.
     
    Last edited: 21st Jun, 2019
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  13. bmc

    bmc Well-Known Member

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    when @Scott No Mates said keep going, he means the trail of documents can lead a long and winding path.

    There are professional property Title searchers that operate out of Department of Lands that specialise in this type of research.
    Or a Property Lawyer or a Registered Land Surveyor.

    I hope you don't miss anything

    indicates the bank doesn't hold a paper copy of the property title but is registered (eCT) as having an right over transactions in the property. It may or may not be related to the proposed easement.

    Maybe one of the Mortgage Brokers / Lawyers on here can assist.

    The details (location) of this easement should be shown in this deposited plan. as you have blocked out the numbers, i cant tell if this plan is old, or new, or whether your lot is Burdened or Benefited. This plan may reveal the instrument (dealing document) that contains the terms of the said easement.
    More Search Is Required.

    side note: prior to 1964 easements could not be created with the registration of a subdivision deposited plan, and they were shown on the plan as, ie: Proposed Easement To Drain Water 3.66 Wide.

    the easement was later registered via a dealing (s.196) sometimes with the next transfer of title, or maybe by an authority when the relevant infrastructure was later built. sometimes a long time may pass before this is enacted.

    after 1964 this act has been replaced by s.88b and gives the provision to create the easements upon registration of the plan. (maybe as in the above DP111****) But it also gives the surveyor or developer the option to formally register the easement at a later date via a Dealing or Gazettal

    regards,
    Surveyor
     
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  14. qak

    qak Well-Known Member

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    When I went to look up easements on a property I had, it required two title searches and then the s88b instrument.

    All to no avail as the property I had supposedly benefited from a drainage easement but someone had f'ed up and the neighbouring property that I would be draining through was not burdened by that instrument ... not insurmountable, but $$ especially as it was a block of community title villas (and they had built over where the easement should be).
     
  15. bmc

    bmc Well-Known Member

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    was the easement ever extinguished ?
    the property searchers (or other like professionals) have access to all the registered dealings at LRS. it may have been evident on the charting map.
    HLRV Terms and Conditions

    so is the easement still registered on your title ? what legal action did you take ?
     
    Last edited: 22nd Jun, 2019
  16. qak

    qak Well-Known Member

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    I sold the property - I was hoping the existence of easement for drainage would be beneficial to the sale price as it was intended to enable the future development of this property (after a Housing Commission build lower down the hill in the 1980s)

    From memory - the Housing Commission development gave the next 3 lots uphill the right to connect into the stormwater pipes they had built at the rear of their property, so an easement 3m wide was created along the rear fence of those 3 properties in the 1980s. We were the highest of the three. The 88B only said that the housing commission property was burdened, and the 3 uphill properties benefited, even though there is a burden on the two properties through which the easement ran.

    The two properties in between us and the housing commission were redeveloped for one block of villas, and in the consolidation of those lots a new DP was created. Somehow the villas were allowed to build up to 1.2m of the rear fence so they encroach onto the easement. The villas are also on Community title
     
  17. dabbler

    dabbler Well-Known Member

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    The wording sounds right, the other 2 benefit, prob main pipe ran through yours, really, it is a benefit and a burden, but that is how they word it when looking at one title.
     
  18. qak

    qak Well-Known Member

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    No pipe, just the right to connect to it (ie potentially I could access it by running under those two rear villas). I never got to the point of finding out if the villas had connected to it ... ironically they had lots of drainage problems, to the extent that they had to run kerbing across their front paths to block the water coming in their front doors :eek:
     
  19. Bonzo

    Bonzo Member

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    The deposited plan number is

    NOTATIONS
    ---------
    DP1114038 NOTE: PLAN OF PROPOSED EASEMENT TO DRAIN WATER

    What information can be derived from this info?
    You guys are very informative and it’s been a great learning curve.
     
  20. bmc

    bmc Well-Known Member

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    @Bonzo

    order a copy of this plan. it should show the dimensions of the easement
     
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