Property with no easement but has a main sewer running through it.

Hi there,
Has anyone come across this situation before?
My friend has a property with a main sewer line running down the side of his block then across his front yard (block is a couple of acres in size with the house set in the back half i.e. the front yard is about an acre in size)..the sewer line continues through his neighbours block and then the next block and they don't have easements either so they are all in the same situation as well.
Is this allowed?
What are the legal implications of this? My friend has been advised that he will have to foot the bill for creating an easement...something in the tune of $10,000 hence the issue

 

What is he paying for? Site survey, searches, potholing, drafting & lodging S88b.

Why didn't the authority taking the easement lodge?

 

Thanks Scott,
Finding out this info and the context as I write this at the moment.

 

It's not an usual situation, as a former Operational Manager of a Water Authority I had kms of pipes running across rural land without easements.

The pipes are said to have an 'easement' by being in place for a certain length of time. (So it is allowed)

Generally the pipes were laid by small local water authorities when everybody knew everybody and deals were done on a handshake. Unfortunately some of these handshake deals are a legal minefield for us later generations when all the original participants have either moved on or passed on.

If your friend is not planning to sell or subdivide he doesn't really need an easement. If he is planning to sell or subdivide it's probably best to contact the water authority to see if they will come to the party. (But at least the cost of the easement can be rolled into the overall title transfer)

 

Had a look at one site this arvo. Authority has a stormwater line shown but CT search didn't have an encumbrance.

Checked the DP, proposed easement and a water course was shown.

Searched a few more adjoining lots and checked their DPs. Also showed up a water course.

And another proposed easement and a few more non-related easements.

If all else fails refer to the Local Government Act S51 - grants councils the right to drain water. No easement required - only a gazettal notice.

So if it looks like an easement, smells like an easement it may be a drainage reserve.

 

Don't do anything, just keep flushing!

Doesn't need a formal easement for the water authority until its's over a certain size or unless a special condition.

Why is your special friend interested in it so much?