Offer accepted, contract surprise...

Discussion in 'The Buying & Selling Process' started by SirDingo, 29th Mar, 2016.

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  1. SirDingo

    SirDingo Well-Known Member

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    We had an offer accepted on another IP, however, the contract had an unexpected twist saying the property is:

    "Subject to service easements for sewerage services to SA Water Corporation"

    We checked 'dial before you dig', and there does show a 'GIP' and wastewater connection running along the rear boundary of the property (number 14 on the picture).
    [​IMG]

    As we may look to subdivide in the future, this may be a deal-killer. Can someone advise on how we can view the actual easement online, or do we have to go to council, do a title search, etc?

    Should the vendor have a copy?

    Cheers,
    SD
     

    Attached Files:

  2. Tim & Chrissy

    Tim & Chrissy Well-Known Member

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    Isn't that just the sewer connection for the property?
     
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  3. DaveM

    DaveM Well-Known Member

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    Rear easements like that are common, at least #16 has the manhole inspection point. Nothing really to be concerned about.
     
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  4. JDM

    JDM Well-Known Member

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    On the plus side sewer is close for any potential subdivision which may save costs.
     
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  5. Connor

    Connor Well-Known Member

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    Easements are very common, but if your thinking about subdividing in the future then you need to do abit more DD on the easement.

    The most important thing to do is find out the exact location of the pipe. Sometimes the pipes can be located outside the actual registered easement, and will require a setback for any dwelling construction/development near it (or over it if allowed). This eats into your building area.

    Also you need to find out the what the pipe is for, drainage/sewerage etc and get the exact width and depth of it. This all becomes relevant for when you want to subdivide and build near it. And can will a bearing on costs.

    You should be able to order all this info from council and the local water authority.
     
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  6. bob shovel

    bob shovel Well-Known Member

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    No "easement" just a sewer main by the looks with a connection /inspection point - the red dot.
    The main is usually 1 metre off the boundary, but Im not to familiar with SA but usually means you can't build 1.5m from the main, so 2.5+m from the back fence (1+1.5)
     
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  7. dabbler

    dabbler Well-Known Member

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    Have bought and subdivided a block like that after building, your never going to build that close to rear fence, so I see no problem, but you do need to do all searches before going unconditional to make sure there is not more.
     
  8. DaveM

    DaveM Well-Known Member

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    Same, the 20% private open space provision from most SA councils will take care of it regardless of rear setback
     
  9. Skilled_Migrant

    Skilled_Migrant Well-Known Member

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    • Whether easement or not you cannot/should build over it.
    • It does reduce the area for subdivision by approx (2.5Xwidth of block).
    • You can locate Private Open Space on the easement when subdividing.
    • Your engineer might want a couple of extra piers under the slab to prevent cave in.
     
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  10. D.T.

    D.T. Specialist Property Manager Business Member

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    Most places in SA have this, it doesn't effect much
     
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  11. Corey Batt

    Corey Batt Well-Known Member

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    Completely normal to have a rear easement like that in SA - the ones you have to be careful run the side boundary and can potentially remove any ability to subdivide and build duplexes.
     
  12. Jake Milne

    Jake Milne Well-Known Member

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    As others have said, rear boundary easements are common and pose no threat to development. As long as the easement doesn't run through the property in the middle, at an angle or other areas that would prevent building it's nothing to be concerned about.
     
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  13. Marg4000

    Marg4000 Well-Known Member

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    We have the sewer main running 1m inside our back boundary.

    Years ago there was a blockage identified in the action in our back yard. Access was a bit limited and we had a lovely side and back garden, so I stared the council down and insisted on their digging by hand instead of bringing in an arsenal of machinery.

    Surprisingly (to me) the council eventually agreed, and a lovely group of workers turned up with shovels! I kept them well supplied with coffee and tim tams, well, it was the last I could do. And they even made a reasonable job of tidying up after themselves!!
    Marg
     
  14. bob shovel

    bob shovel Well-Known Member

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    You meanie! :D you're supposed to be difficult then ask for new manicured lawns and gardens! ;)
     
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  15. SirDingo

    SirDingo Well-Known Member

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    Soooo, we contacted the council and they've said that a subdivision approval is 'unlikely to succeed due to the easement', and additionally they would require a 4m wide driveway for the rear access of the hammerhead block.

    Decisions, decisions...hmmm...
    ;)
     
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  16. bob shovel

    bob shovel Well-Known Member

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    I like Molotov cocktails but sometimes just some good old fire staters will get the place alight, decisions, decisions ;)

    It's a sewer main not an easement. Call again and speak to another Muppet see what they say. Was it due to block size and classification?
     
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  17. dabbler

    dabbler Well-Known Member

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    LOL.... damn council.....better listen to them, they had more detail to work off...

    what if the block is 10 x 30.... :)
     
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  18. Xenia

    Xenia Well-Known Member

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    Oh boy.
    Great that you checked SD
     
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  19. SirDingo

    SirDingo Well-Known Member

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    Great to have received your prudent advice ;)
     
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  20. Connor

    Connor Well-Known Member

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    Exactly, call again and see what a different person says.

    I'm building right next to a sewer main at the moment. Just needed to comply with regs and engineer did the rest.

    Council or the Water corp should be able to give you a list of regulations for building near sewer. Then see what you can do.
     
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