Is this normal easement???

Discussion in 'Legal Issues' started by Soso, 14th Jan, 2018.

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  1. Soso

    Soso Well-Known Member

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    how bad is this easement, is the black square on lot 1480 and it’s at the back yard near fence? How bad is it and can this have big issue in the future if decide to build?
    Is it taken too much of the land?

    Thank you all
    17F36A90-26FB-4674-8F06-136EE78716FB.jpeg 0C255070-D456-4281-AA93-1DF799736BC7.jpeg 0C255070-D456-4281-AA93-1DF799736BC7.jpeg 17F36A90-26FB-4674-8F06-136EE78716FB.jpeg
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    Looks very normal.

    The bad ones are where they cross over the middle of your land or something crazy.

    The Y-man
     
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  3. Soso

    Soso Well-Known Member

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    Thankkkk you very much
     
  4. Marg4000

    Marg4000 Well-Known Member

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    Quite normal.

    We have a mains sewer running along the back of our property around 1m in from the back fence.

    Never bothered us. I doubt you could, or would want to, build that close to the back boundary anyway.
    Marg
     
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  5. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    Quite common. Until sewage started to be connected to the house in the 70s, the toilet was usually back there. Take a look at some houses that are 60+ years old and you'll often still find the outdoor toilet (that hasn't been used in decades).
     
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  6. The Y-man

    The Y-man Moderator Staff Member

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    Is that why it is called an EASEment - somewhere to ease your self?

    The Y-man
     
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  7. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    At the risk of a very close encounter with a spider...
     
  8. Soso

    Soso Well-Known Member

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    Thank you
     
  9. Soso

    Soso Well-Known Member

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    Thank you hun
     
  10. Scott No Mates

    Scott No Mates Well-Known Member

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    In this day of political correctness, should we also use 'easewoment' or 'easepersont'? :rolleyes::confused:
     
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  11. bmc

    bmc Well-Known Member

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    @Soso
    what you have there is the Sewer Connection Diagram.
    However there appears to be a dashed line parallel to the rear boundaries and adjacent to the boards sewer. I would guess that this will be the drainage easement refered to in your title.

    This Sewer diagram is a rough depiction showing the location of the boards sewer, connection points, and pipelines. They are rough and not to scale. In NSW the sewer authority (Sydney Water) has an implied easement over all of its' infrastructure (formalised in legislation in the Sydney Water Act) generally a plan showing the easement is not required. The easement is implied over the line of pipes etc, wherever they may lie.

    however the plan showing the Easement To Drain Water 1 Wide is in DP703487. This will be for Storm-water Drainage.
    You also have a Restricition On The Use Of Land.

    regards,
    Land Surveyor
     
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  12. Soso

    Soso Well-Known Member

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    Thank you, this part I didn’t get where it says restriction on the use of the land?
    I did read it in the land registry, but didn’t understand it.
     
  13. The Y-man

    The Y-man Moderator Staff Member

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    Basically the easement is a big sewage pipe running under your land. If you build anything on the easement, even a driveway, the water company is allowed to tear it down, dig it up (and charge you for the extra work) if they ever need to carry work out on the pipe (eg repair, replacement).

    The Y-man
     
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  14. Soso

    Soso Well-Known Member

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    Other than we can’t build on it or near the easement is there any other restrictions to the whole land not just where the easement is please?

    Thank you again
     
  15. bmc

    bmc Well-Known Member

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    it means that there is a restriction on doing something on your lot. the conditions will be explained in the section 88b instrument (legal document) linked to the deposited plan.
    it could be something silly or irrellevant like not building a fence in front of the building setback line, type of fence material, type of building material eg: brick etc, or it may even be a limit on the size of the dwelling.
    some of these restrictions have been suspended by the LEP and some can be requested to be removed at the lands title office if they are now irrelevant.

    have you engaged a solicitor yet........................................!
     
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  16. Soso

    Soso Well-Known Member

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    Thank you. I did read something about can’t build more than 120, waiting for an email from the lawyer after he review the contract.

    Thank you for your time
     
  17. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    I wouldn't worry about the back fence sewerage easement getting in the way of future developments. There's probably other restrictions from the local council which would stop most developments long before they get close to the back fence.
     
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  18. Soso

    Soso Well-Known Member

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    Like what please?

    Thank you
     
  19. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    Most councils have rules around minimum site coverage and minimum distance from the fence lines. If you wanted to rebuild at some future point, odds are you wouldn't be able to build that close to the back fence even if the easement wasn't there.
     
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  20. Soso

    Soso Well-Known Member

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    Oh ok, I don’t think this would be a problem building close to the fence . We might want to extended the house add another room or knock out and rebuild ( in the future) the land size is 611 , but the building ( floor plan) only 88 and the rest is left out and the other thing is the house wasn’t online, it’s when we went Ray White the house was mentioned to us plus someone paid a deposit then cancelled. That’s why we are worried

    Thank you again