Is an electricity easement an issue?

Discussion in 'Legal Issues' started by newbieinvestor80, 5th Jul, 2018.

Join Australia's most dynamic and respected property investment community
Tags:
  1. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    Hi,

    I'm interested in purchasing a block of land, and there is an electricity easement (power lines) that run over approximately the front one third of the land.

    I would like to know the following, please:

    a) Do these power lines pose a safety risk, given that they will be quite close to the house ~8m (once it's built)?

    b) I heard that you have to leave a 4.5m clearance under the entire length of the power lines for maintenance access -is that true? I would want to landscape the front of the house, so leaving a 4.5m clearance is unrealistic.

    c) Does this electricity easement devalue the property?

    Thanks.
     
  2. JDM

    JDM Well-Known Member

    Joined:
    19th Jan, 2016
    Posts:
    465
    Location:
    Brisbane
    It depends which State the property is in and the terms of the easement itself. Keep in mind that banks may also not lend within a certain distance of power lines
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    a) Nothing proven - what sort of power lines? High tension or telegraph pole?
    b) The easement may also provide that additional space be granted as a right of way etc but this will be noted on the terms of the easement.
    c) Yes when compared to blocks which are not affected by the easement.

    These blocks are also more difficult to sell.
     
  4. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    Hi,
    Thanks for that info -the property is in VIC.
     
  5. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    Thanks. I will need to look at the terms of the easement.
     
  6. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    I have no idea what sort of power lines they are -I will give the energy company a call tomorrow to enquire.
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    Have your solicitor explain it. Unless you have on choice, most investors would pass SD these properties are less attractive to tenants.
     
    newbieinvestor80 likes this.
  8. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    I don't plan to purchase this land as in investment -I want it for myself, to build a house on. It is approx 5 acres.

    I do have a choice (I can keep looking), I'm just not sure if an electricity easement should be viewed as a deal breaker.
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    5 acres - not a problem. If it was 450m² big problem.
     
    Ed Barton and newbieinvestor80 like this.
  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,555
    Location:
    Sydney
    Buyers are mostly turned off by power lines. Valuations etc may be impacted.

    I wouldnt live near them. The sizzle during wet weather can be a noise nuisance. They also attract lightning but are designed to take a hit. The jury is out about hazards. BUT....


     
    newbieinvestor80 likes this.
  11. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

    Joined:
    12th Jul, 2015
    Posts:
    2,220
    Location:
    Melbourne, Australia
    For regular resi property you'd have trouble getting more than an 80% lend on them. This means if you need to sell, you can only sell to people that don't need more than 80% LVR and who have no beef with the power lines.
     
    newbieinvestor80 likes this.
  12. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,555
    Location:
    Sydney
    80% of what value ? If there are two lots beside each other and one has powerlines and the other doesnt I may imagine the power line lot may have a lesser value. Firstly as a % of the lot cant be constructed under the lines and second to allow for buyers who will find the land encumbered with issues, real or imaginary.

    Found a paper on it https://espace.library.uq.edu.au/da...LFvbZwmsDg__&Key-Pair-Id=APKAJKNBJ4MJBJNC6NLQ

    If any valuers have some insights it would be interesting
     
    newbieinvestor80 likes this.
  13. alicudi

    alicudi Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    423
    Location:
    Melbourne, Australia
    Hi

    I have found in the past with land in new estates that was very close to the large power lines in Clyde North versus the blocks that weren't close to the large power lines the price difference was approx 20% and nearly up to 25%.

    Also when blocks came up for sale in Lyndhurst behind Marriott Waters shopping centre, the blocks closest to the large power lines also had an approx discount of about 15% versus the blocks further away from the large power lines.

    So I have seen the difference have a range of between 15% to 25%.

    Regards,

    alicudi
     
    newbieinvestor80 likes this.
  14. marmot

    marmot Well-Known Member

    Joined:
    23rd Jan, 2018
    Posts:
    1,215
    Location:
    N.S.W , W.A
    Probably a good idea to find out if they are High Voltage lines or just standard telegraph poles(distribution line) that you find in most suburban areas in Australia cities and large towns.
    If its a 5 acre block just move the house back a bit, or move on.
    Millions of Australians walk out their front door and have power lines running along their verge.
     
    Last edited: 6th Jul, 2018
    newbieinvestor80 likes this.
  15. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    Hi,
    Thanks for all the helpful replies.
    It is so difficult to find a piece of land, 2-5 acres, to build on, hence why I really wanted this block.
    But I don't have the greatest feeling about the power easement, and I've noticed that the land seems to hold some water, so I think it would be smart to move on.
    Hopefully something else will pop up.
    Thanks again.
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    Is it a natural water course or dam? You find that alot on farmland - it's an asset.
     
  17. alicudi

    alicudi Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    423
    Location:
    Melbourne, Australia
    Hi

    As you have decided to move on from this particular block, would you be able to share it on propertychat?

    Regards,

    alicudi
     
  18. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    The road is on a slight slant, and therefore rain water runs down into the property. It’s not a major issue, but it’s something to consider.
     
  19. newbieinvestor80

    newbieinvestor80 Active Member

    Joined:
    7th Apr, 2018
    Posts:
    29
    Location:
    VIC
    Happy to share if we don’t purchase it. I feel we should move on, but my other half doesn’t.
     
    alicudi likes this.
  20. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,255
    Location:
    Sydney or NSW or Australia
    It's rural land & a natural feature. Flat land, loss of features etc are a result of development.
     
    newbieinvestor80 likes this.