NSW Railways 1950s 'Easement for Access'

Discussion in 'The Buying & Selling Process' started by D_Balanced, 30th Jun, 2020.

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  1. D_Balanced

    D_Balanced Member

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    Looking at purchasing a large Blue Mountains land plot - around 2/3rds at rear can not be built on due environmental constraints, slope etc.; front 1/3 is viable building space if not for a large "Easement for Access" which pretty much covers the full buildable area. Title shows it as a Dept of Railways NSW access easement from 1950s. Land is not near the railway line - I understand it is something to do with access to power. I am trying to establish if the easement is still required, and likelihood of getting the easement varied or extinguished. Anyone navigated similar issues previously? Else directions to useful references appreciated....
    I have engaged a conveyancer / solicitor to assist, but looking to do some of my own research as I feel it pays to do the legwork and inform yourself as much as possible in these circumstances.
     
  2. The Y-man

    The Y-man Moderator Staff Member

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    Allowed to dig for coal for steam engines? :eek:

    The Y-man
     
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  3. Paul@PAS

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

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    Here is a railway easement

    [​IMG]
     
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  4. D_Balanced

    D_Balanced Member

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    :D:D:D... @Paul@PFI I feel like that is about the time period the easement was likely last used! :rolleyes:
     
  5. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    I recall there was some discussion for a similar or same issue a few years back.
    Any chance you did a search on here? It may well be the same block :p
     
  6. Westminster

    Westminster Tigress at Tiger Developments Business Member

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  7. datto

    datto Well-Known Member

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    What if you come home one day and the railway put a turnstile at your front gate and then you notice a ticket inspector loitering near by? lol
     
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  8. Marg4000

    Marg4000 Well-Known Member

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    So basically the kind can’t be built on?

    Two thirds environmental Constraints, one third “buildable area” excluded by easement?

    Why would anyone buy it?
     
  9. D_Balanced

    D_Balanced Member

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    Thanks @Westminster, it was that post that originally led my search to this site. The easement details were a little different - but it was certainly still a helpful discussion. (And yes, it is a different block :D)
     
  10. D_Balanced

    D_Balanced Member

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    Fair question @Marg4000 - it is a lovely parcel of land and worth the effort if the easement can be extinguished ;)
     
  11. Scott No Mates

    Scott No Mates Well-Known Member

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    Because it's cheap ;)
     
  12. Marg4000

    Marg4000 Well-Known Member

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    But if it can’t be built on, then any price is too high, unless you intend to camp out on it.

    If it could be extinguished economically, surely a previous owner would have done so as it would increase the value of the land considerably.
     
  13. D_Balanced

    D_Balanced Member

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    Potentially yes, but the history for this property suggests no one has looked into it for many years, so worth a little effort to find out if it can be done. Like so many things, it takes persistence and research - and many are not interested in putting in the effort. I may well find it can't - and at that stage I would have expended nothing but my own effort, and I have already learnt plenty. So I am happy with the investment of my time either way!!!
     
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  14. craigc

    craigc Well-Known Member

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    ‘That’ll buff out’ & now building is ‘renovators delight’ :)
     
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  15. D_Balanced

    D_Balanced Member

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    Bit of an update... Transport NSW put me on to Transgrid (on the suggestion the benefit had been transferred to them); Transgrid confirmed it was not registered to them and put me on the Endeavour who they believed owned the infrastructure the Easement may have been created to access; Endeavour confirmed it was not registered to them and put me back to Transport NSW. 3 weeks later - I have learnt lots, but still can't find who benefits from the easement...o_O:confused: With the obvious parties ruled out, I am thinking it might be time to engage a solicitor and lodge an application to have it extinguished on the grounds that nobody seems to have a registered current interest!

    Any suggestions on a step I may have missed... Or what to look for in a good solicitor for these types of matters?
     
  16. Scott No Mates

    Scott No Mates Well-Known Member

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    @bmc may offer a little more insight however I'd get a copy of the original subdivision DP to check where the easement leads and who is at the end of it.
     
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  17. D_Balanced

    D_Balanced Member

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    Thanks @Scott No Mates. I have the plans from when the easement was established - and spoke to Endeavour who own the infrastructure it appears to lead to - they are not the beneficiary. Time to speak to solicitor I think... :)
     

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