Neighbour requesting access to sewer main

Hi everyone,

I recently bought a vacant block on the Sunshine Coast, Queensland and there's no easements listed on my title. Another vacant block to the rear of mine was also sold at the same time to a developer. This same developer also purchased a large block from the same vendor who originally owned the 2 vacant blocks we purchased and this block sits on the southern boundary of my block.

In order to provide as much detail as possible, here's a screenshot of the sewer plan of the properties in question: Sewer Diagram

Long story short, the developer called me today and has requested access to tap into the sewer line which runs through the rear of my property so that they can connect the single dwelling property to the rear of mine. They're also going to subdivide the large block of land to the south of my block and construct 5 new homes on there but apparently the existing sewer line which services this block will not be able to service some of the intended blocks and he's asked if he can extend the sewer line running through my property in a southerly direction into this subdivision project.

What are my rights here? I've generally got no issue with this but I've asked that if they want to do this, I'd like to move the sewer line closer to the rear fence-line so that I can build a larger pool in my backyard. At the moment, the sewer line is roughly 1.8m from the rear property line and I'd like to move it to around 500mm from the property line. Can I also have them move the manhole to the property to the south and get it out of my backyard?

Thanks in advance for any advice.

 

It's not your sewer, it belongs to the Drainage Authority, relocation is up to them. They will know the capacity of the line and whether the adjoining owner would be able to connect.

The sewer would have an implied easement.

 

You cant move a sewer and you would be horrified by the cost IF you could. The authority will never agree. You cant also obstruct or cover or build over it or the manhole. Its always available for access. Other property owners have (limited) right of access. Normally is shown on title but it can take time before it apepars to new reg titles. Discuss with council on Sunshine Coast. Developer may not have lodged the DA conditional easemnet form 9. Thats what pre-transfer contract searches are for.

Prior to buying land all owners should know where their "SP" is...ie sewer point as the location of mains is a factor to potential easements. Ditto water etc Ideally you want them on your neighbours block. What did your solictor advise on ???? Did you even ask ?

 

I've put a call in to Unity Water to advise what my options are.

The title was registered 30-40 years ago and there's no easement or any other encumbrances on title (apart from the standard QLD crown land claim). The connection into the sewer main from the property to the east of my property may have limited rights to connect to the sewer but there's no rights, implied or otherwise, to extend the sewer main further into my property and extend into the property to the south.

I was well aware of the sewer main's existence prior to the searches being exectued and had no issue with it being on my block.

 

as mentioned

you wont see anything on your title.
it will be covered under legislation, I'm not sure what it's called in QLD but in NSW it comes under this. sydneywater

they may be able to tap into the main. or the water authority could build an extension stub, as it sounds like half of their block is un-serviced (ie: not able to drain into the main)

I wish you luck with moving the sewer main so you can fit in a pool,

however money does talk

so cash in that bitcoin.

 

I'm still waiting on a formal response from Unity Water (the utility responsible for the sewer main) but on speaking with someone there it appears I won't be able to alter the path of the sewer main.

Also, although the neighbours have a right to connect into the sewer main, they need to gain consent in order to run the necessary pipes within my property to connect to the sewer main. My understanding is that usually there's some kind of compensation sought in order to do this. Subsequently, I'm seeking legal advice on what kind of compensation is appropriate.

 

as outlined in the act.

 

Do you mean this part?


‘41 Compensation

(1) The Corporation, in exercising its functions under this Division, is to do as little damage as practicable and is, subject to this Division, to compensate all persons who suffer damage by the exercise of the functions.

(2) Compensation may be made by reinstatement, repair, construction of works or payment.

(3) If the Corporation installs a sewer on land in exercise of powers under this Division, the Corporation is required to pay compensation only if the sewer damages, or interferes with, a building or other structure on the land or causes other physical damage to property or if an access chamber or main ventilator is constructed on the land.’

 

The block of land in question is located in QLD so this NSW act isn't applicable. I'm not sure if an equivalent act exists in QLD but enquiries into my rights and options have been sought by Unity Water and I'm still awaiting a response.

 

there is that part, to cover the authority for future works

duly noted and similar to NSW - and I would assume QLD authority would also have some legislation in place to cover their assets.

I have one similar at the moment. (see attached) all we required was a letter of consent for access.

no compensation. the lot is already encumbered by the water authorities asset.

 

Yep. Once you have an easement others can connect to the mains and there is no further encumbrance. The access party must reinstate the land. If there are structures or matters over the easement they may have no obligation to reinstate that. Some people build sheds etc over a easemnet and may regret this later. Easements generally prevent use of the land above and if a owner chooses to they do so at their risk for loss or damage to that property. If so, seek legal advice.

 

There are different easements though. I am just finishing a subdivision and my rear lot (PPOR) has a "bespoke" easement that the council insisted on in case my rear neighbour needs it down the track but I have final say if I allow them to use it.

 

what's was the easement called. (purpose)

is it a condition of the DA to be registered before a subdivision certificate is issued.

 

It's a drainage easement but is apparently referred to as a "bespoke easement" and yes it was a condition of the DA but was dealt with differently to the other drainage easements on the land.

 

Hey, Just wondering how you got on?
I'm in a similar but slightly different scenario regarding an existing connection point.