Hi all, I’ve recently had approval for a 3 lot subdivision on an 800sqm lot size. The block beside me has a townhouse which we share an inactive strata (there services run under my block water, power and sewer pit). No common property all fence off and separated blocks. I must get a subdivision done of my 3 lots prior to building which includes the division of the townhouse block too. I’ve spoken to the neighbours and have agreed to foot the bill and redirect all their services but they had a sook and told me to **** off. Lol I’m technically paying to improve their property, updated services and might even improve their property value but they’re being stubborn. Hopefully u guys can help with some advice on how to tackle this. They may just want cash who knows. The council are supportive. Why was a subdivision allowed to be done like that which was around 1985. Thanks in advance.
Subdivisions are still being done with services going through abutting land. Sometimes easements are placed over the services, or an implied easement statement is added to the plan, or common property, or a limited owners corporation is set up to 'manage the common services'. Either way, even if none of the above are there, the fact the services have been there for so long, there will be easement rights under common law (prescriptive easement /lost modern grant). So you have to deal with it in a fashion that your neighbour has rights. I would negotiate calmly. And see a specialist property lawyer if you dont get anywhere.
It is what it is. I doubt they had a “sook”, but probably took professional advice before committing to the cost. Their development was done legally, so why should they pay? It is probably up to you to relocate the services. Marg
