Interpreting this easement?

Discussion in 'Development' started by qak, 11th Aug, 2017.

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  1. qak

    qak Well-Known Member

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    We have always understood that there was an easement for stormwater down the back fence/ boundary of our block.

    The easement is registered on title, with these notations on the second schedule:
    1 RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
    2 Bxxxxxx COVENANT
    3 DPxxxxxx EASEMENT TO DRAIN WATER APPURTENANT TO THE LAND
    ABOVE DESCRIBED

    I wanted to clarify where the easement was, and got the DP from the solicitor. I have been told the easement is the highlighted line and my block is the cross-hatched one. The easement doesn't seem to actually reach my block, how does that work?

    easement.PNG
    (not shown on the above is my boundary line that runs parallel to the bottom of the highlighted "L" shape, between the D.P. and the cross-hatched area).

    Is this easement in my favour/benefit?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Your title search will have some notations ie. covenant and easement. You need copies of these additional documents.
     
  3. qak

    qak Well-Known Member

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    Thanks - do I ask my solicitor for these? Would these be standard searches/documents when preparing a contract for sale?
     
  4. bmc

    bmc Well-Known Member

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    I can't understand your description of where you lot is, however, is your lot adjacent to the easement ?

    if so, you may have the right to drain into the easement, but check the Covenant (Bxxxxx)
    and it may refer the the notation (c) shown on the D.P.
    if the solicitor hasnt included the documents, a copy of the covenant will cost you anywhere up to $30.00 from LPI.
    Your solicitor should research all of these documents for you, and he should be able to inform you of your rights over the easement.(if any)
    and if you have an Identification Survey, it will outline and explain all notations relating to the property title. identify any encroachments by or upon the subject lot. etc etc.

    regards,
    Surveyor
     
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  5. dabbler

    dabbler Well-Known Member

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    Is you block the one with 2 or (c) ? it has the easement

    The other one has use of easement most likely.
     
  6. dabbler

    dabbler Well-Known Member

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    All docs reqd will be done by solicitor/s

    I would not worry about the easement either way, it is not going to stop anything by the look of it, I suspect from your first post it is to your *benefit*
     
  7. qak

    qak Well-Known Member

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    My lot is not adjacent to the easement/pink line - that's what concerned me.
    I have asked the solicitor to confirm how we have access to drainage.

    Having the easement (or access to it) could be worth a few hundred thousand ...
     
  8. bmc

    bmc Well-Known Member

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    the hatching or part thereof, appears to be adjacent to the site of the easement ?
    anyway its a bit hard to interpret with a snap shot of a DP, no lot numbers and no copy of the covenant.
    however if your lot is now remote to the easement and you need to cross other lots to gain access, then it may have been a result of an original easement left from an earlier subdivision that was not extinguished from your title during transfer. it may be the easement is now redundant and you have no access to it.
    a new easement may be required to gain access to it.
    try your solicitor or your surveyor to investigate.
     
  9. dabbler

    dabbler Well-Known Member

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    Lot of these things are like a game of "Where is Wally"

    No one knows the address, so I am not sure why the poster wants to be so vague.
     
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  10. qak

    qak Well-Known Member

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    I'm not trying to be vague, but protect my interest in the property. After all it could be that the covenant/easement is not to my benefit.

    Having looked at the full thing ... the survey and/or the numbering on it doesn't seem to correspond to the blocks on the street.

    There are a couple of villa developments on the street - No 77-79 is next door and this corresponds to the double block that has 5 (no 77) marked on the right hand block (with "no occ'n" marked in the middle - I think this is their stormwater drainage).

    The problem I'm having with the survey is that uphill of the villas at 77-79, there are 3 houses plus one on the corner of Marsden Rd. These blocks aren't shown, which makes me think there's an error in the drawings?

    Edit: identifying information removed as per user's request.
     
    Last edited by a moderator: 16th Aug, 2017
  11. dabbler

    dabbler Well-Known Member

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    To me, I still have no idea what your interest is, you have now shown the area, that was prob not necessary & the easement is what it is & benefits or hinders who it does.

    Your title should show if you are benefited or burdened. This also may be an old plan.
     
  12. qak

    qak Well-Known Member

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    I own an interest in the property.

    You complained before that I was being vague and that no-one knows the address. Now you say I didn't need to give that information!

    The title says exactly what I posted in the OP. No mention of benefit or burden. The plan pictured in my previous post is from 1986. Is that old?
     
  13. dabbler

    dabbler Well-Known Member

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    I am not complaining, I am not the one seeking information. I said I can't work it out for various reasons.

    I think your best just paying a surveyor for advice. Or look at the advice your solicitor gave you at purchase time.
     
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  14. bmc

    bmc Well-Known Member

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    just a guess............., but, after quickly viewing the now removed snapshot it looked like that plan is not your subject DP. (check your title folio) it is probably the adjoining DP.
    and if your lot was subdivided from a much larger parcel of land it may have been separated from the common adjoining boundary to the easement. now the easement is redundant and the notation was probably not formally removed from your title.
    but talk to your surveyor, he can view the LPI cadastre chart and clarify your access or rights.
     

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  15. qak

    qak Well-Known Member

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    Wow ... where did you get the photo from?

    It was indeed subdivided from a larger block, probably around the time of the photo - I had the deeds but the solicitor has it at the moment.
    Yes, I am thinking an up-to-date survey is needed - I have them from when Dad bought the block but there is no reference to the easement on them, they are simply boundary surveys.
     
  16. bmc

    bmc Well-Known Member

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    LPI 'Six Viewer'
    Carlingford 1943

    maybe your solicitor can investigate the easement for you.
     
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