Newbie Easement Question

Hi all,

I was just wanting to ask the impact of easements on blocks of land and their construction and/or subdivision potential.

For example if you have an otherwise perfectly good rectangular (or even slightly trapezioid shaped) piece of land ready for subdivision, however there is an easement running parallel 1.5 metres away from the back boundary of the property, what kind of impact can this have on the viability of subdivision potential and then ability of construction on this land?

I have included a picture to show this example. Please note that the red line through the box represents the position of the easement.

http://imgur.com/pwrGn1f

I was wondering considering that most councils require some sort of open land and given the proximity of the easement to the back boundary, that possibly the land could still be fine for subdivision and construction? Has anyone had any experience in this sort of situation?

Thanks in advance

 

Is it an "easement" or a sewer main?

You'll have to build so many meters from it depending what it actually is or it's purpose.
An easement and a service or sewer main have different rulings/specifications

 

Hmm yes, this is question I was pondering. For example considering that we need to build at least X metres from the back fence anyway, does the easement essentially act as a "virtual fence"?

In terms of types of easements bob shovel, are there only 3 main types? sewer, water and electricity? Are you saying that there are different build to distances from each type of easement?

 

@hotmail

That easement is fine.. Unless you are buying a block behind it too..

I wouldnt worry abt that..it will be part of back setbacks

 

This is excellent new Be Developer!

Thank you, it confirms some of what I've been hearing!

 

Yes and they aren't all necessarily "easements".
The law dudes can give the correct definition but it means council or responsible authority had access to the land.
I know ****, with sewer you own the land but can't build over.it is not always a formal easement
I was thinking of doing a sewer thread with drawings and specs.
Electricity usually in council verge or over head
Water same as elec
Sewer anywhere, within property and council verge.
stormwater is usually the formal easement variety running through properties.
Or an easement may be an area for future development returning a service-storm water to run through at a later date

 

Depends on the type of easement. Some don't actually have anything in it. Most are for sewerage (water authority) or drainage (council). Call each one for more info. Some may charge a small fee. If sewerage, determine where the pipe is and what clearance you need. Also consider easements on neighboring blocks as it can have an impact on your development.

 

Hey, you use Imgur. I love Imgur. I'm either here or on that site. Off topic I know... But Imgur.

 

That looks like a very typical Elizabeth site, can spot them a mile away. Those dimensions are common, as is placement of easement, which is where sewer and utilities are run.

It generally makes no difference at all. You have to have a certain set back for your dwellings away from all 4 boundaries anyway, so that space at the rear ended up being just garden / court yard.

In this case you'd split it in half into 2 x 10m wide Torrens blocks, build free standing house on each and easement wouldn't even be noticed. As per previous discussions, numbers for this in Elizabeth (other suburbs in same Playford council might be different) don't actually stack up yet so ensure It stands up as a worthwhile investment in its own right.

 

@bob shovel and @OC1 Hey that's really good information thanks. I think the ones I am dealing with here are either sewer easements or from South Australia Water. It's good to know what the restrictions are in any case, I will give them a call. One of the agents has told me that you "can" still build non concrete base structures over them, as they will just be easily removed if the easement owners require access.

@D.T. Yes, it is Elizabeth, and some of the southern Adelaide suburbs have them as well, such an astute Adelaide person! This is fantastic news because I looked at all the stock on the market and pretty much all 99% of them had some kind of back or side easement like this. A few agents told me that it would not be a problem due to the proximity to the boundary, but naturally I couldn't take their word for it so I had to seek a reliable source. I rang council and they literally told me to submit a development application as they could not tell me.

@Beelzebub Yes, imgur is quite reliable and easy to use

 

Get onto the dial before you dig website. You can get the plans for free, in most cases you'll get what you need
It will show the sewer along the back fence depending on the water authority, sa water out there is it?

 

I loved dial before you dig website. Its a site that must be added to your tool set for any investor...
I actually paid $20 to locate the sewer position before this Web site..it's all free

 

That could be any easement, bushfire, road reserve, ecological habitat, sewer, easement for support who knows? If it's for support, it might be quite steep there and you wont be able to excavate. If it's a sewer it's not really in the way of anything, in NSW you can always build over a sewer, you might just need to concrete encase it for them.

 

Hi guys, found this thread like a bee to honey - I would like some guidance and opinion on a VIC property scenario im looking at...

900sqm rectangular block 15m * 60m, with an easement of 15m * 5m from the back fence, the easement is for sewerage according to rea - the ideal scenario is to build 3 maybe 4 units on the block at a later date similar to what was done a street behind

This might sound naive but is the 15m * 5m easement wasted? Don't want to have a garden or anything like that - much rather utilize every applicable space on the lot. Would a car port be allowed? I've called council and they weren't overly helpful - perhaps experts on the forum can assist? Thanks

 

Vic isn't my area of expertise but you will have an Xm tear setback requirement in any case. Combined with private open space and a smart design will significantly minimise the impacts.

 

Thanks Andrew - just to clarify the lingo, "tear setback requirement" - that is the minimum distance from the boundaries on the lot right?

So would council regulate the minimum setback requirements as starting from the back boundary of the lot? or from where the easement starts? i.e. from 60m or from 55m in my scenario? Thank you

 

Sorry. Rear setback. Phone typo.

Setback will be from property boundary not easement.

 

Can someone help me out and show what types of easements there are? Which would detract from the property and which are not a factor? These are all shown on the Sales Contract right?

 

I have been meaning put a thread together on the topic... One day I'll get there

You have water, sewer, storm water, electricity overhead and underground, gas ..... That's a rough start.
Each situation is different. There may be an asset in place already or it's for a proposed asset in the future.

 

Thanks! Are they all undesirable, if planning renovations/development?