Neighbour sewer line runs through my property??

Discussion in 'Legal Issues' started by cdg9, 20th Jul, 2022.

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  1. cdg9

    cdg9 Well-Known Member

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    Hello PropertyChat

    I was hoping to get some advice/thoughts on my situation. (see attached sewer diagram)

    Neighbours sewer pipes (property located on the right side) run into my property and connect into my lines - they however have their own outlet to connect into the main sewer line. I am doing an extension and as such i will be disconnecting and re-running my lines, but not sure what to do about my neighbours. Can i cut their pipes (with warning) and let them know they need to pay for and run their own line into their own outlet?

    I heard there is something called an easement by prescription? The sewer diagram has been dated from 1991.

    Thoughts/experiences/advice would be appreciated
     

    Attached Files:

  2. lixas4

    lixas4 Well-Known Member

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    Based on the diagram, you have a shared sewer connection. It might be on your land, but they will have rights for use. Your title might even have some sort of implied easement reference (im not too familar with nsw, @bmc and @Scott No Mates might know). If you want to change their connection, then it will be at your cost.
     
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  3. Firefly99

    Firefly99 Well-Known Member

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    It looks like there is an easement on your property for the neighbours sewer line so they have the right to have it where it is. If you want to move it you’d need to get approval for that and pay for it.
     
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  4. Scott No Mates

    Scott No Mates Well-Known Member

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    All you can do is plan to move it at your cost, I'd suggest beside the fence in your property.

    There's no obligation for the neighbour to move or pay for anything.

    If you're going to be renewing your line, there's not much additional work or cost to get it away from your building line for peace of mind.
     
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  5. willair

    willair Well-Known Member Premium Member

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    As other people have said if the pipework is within the properties
    Footprint and the way they are linked then you will pay for any alterations.
    Depending on how far you extend the property as straight along the side boundary would possibly be cost effective- but have 2 quotes as this could will be expensive..
     
  6. bmc

    bmc Well-Known Member

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    that is a snapshot of the water service connection diagram, it doesn't indicate any easements

    @cdg9 firstly check you property title for any notations indicating and easement for sewage purposes over existing line of pipes or similar

    is your property title Torrens or Old System ?

    A prescriptive easement cannot be created over Torrens title land. unless it was in existence prior to conversion and not recorded on the title.

    what has your Registered Surveyor advised ???
     
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  7. cdg9

    cdg9 Well-Known Member

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    Location:
    Sydney NSW
    Hi all

    No easement. Torrens Title
    Last update on sewer diagram was from 1991