Roof water pipe through my yard from next door...

Discussion in 'Renovation & Home Improvement' started by Rich2011, 20th Feb, 2016.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Rich2011

    Rich2011 Well-Known Member

    Joined:
    9th Aug, 2015
    Posts:
    1,315
    Location:
    Brisbane
    My neighbour wants to run a 150mm roof water pipe from his new duplex development through the yard of my IP in Logan, it would be half a meter from the side boundary fence...

    As my block is zoned for 4 story's and 5 units/townhouses therefore allowing me to develop in the future (which I fully intend too) should I consider allowing this and what compensation should they offer?

    They will promise in writing to reinstate the yard and fences to their original condition and apparently there would be no easement required... Also there would be no inspection pit and they would fully maintain the pipe if any blockages etc.

    (The proposed pipe will be of no benefit to our lot at all from a future planning prospective)
     
    Last edited: 20th Feb, 2016
  2. Phantom

    Phantom Well-Known Member

    Joined:
    23rd Jun, 2015
    Posts:
    2,054
    Location:
    Sydney
    I believe @beachgurl has experience with this. Although she was on the the opposite side of the fence.
     
  3. Cactus

    Cactus Well-Known Member

    Joined:
    18th Jan, 2016
    Posts:
    1,445
    Location:
    Melbourne
    If your neighbor is a developer and selling the duplex, then helping out may not be rewarded into the future.

    Consider wether or not the location of the asset will effect your development later on. Is it going to require an easement? Would it be helpful to your development of it was up sized to take your stormwater flows as well.

    If it doesn't effect you adversely then try and be helpful. But if it does then politely decline or find a compensation point that works for you.
     
    Sackie and WestOz like this.
  4. Chilliblue

    Chilliblue Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,605
    Location:
    Australia
    Personally unless there is any benefit to you (and consider all worst case situations) then politely advise that you are not interested
     
  5. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,935
    Location:
    Lower Blue Mountains
    Good points. Might be to your Advantage depending on the lay of the land. Won't save you mega bucks
     
  6. Rich2011

    Rich2011 Well-Known Member

    Joined:
    9th Aug, 2015
    Posts:
    1,315
    Location:
    Brisbane
    Yes, I saw that. Basically I am trying to establish a value for compensation if I was to allow it. I don't think anyone can expect to run a pipe through your yard for free...
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,101
    Location:
    Sydney or NSW or Australia
    $15k/m that may put him off. It instantly becomes cheaper to put in a pump out system.

    Alternatively they can put in a pipe which can take your new assumed roofload?
     
  8. Rich2011

    Rich2011 Well-Known Member

    Joined:
    9th Aug, 2015
    Posts:
    1,315
    Location:
    Brisbane
    I'm on the corner, the highest point on the street, I have direct access where he has to get it too, so not sure if he put an even bigger pipe in for me to use later that would be of any benefit.
     
    Last edited: 20th Feb, 2016
  9. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,380
    Location:
    Qld
    You will need a legal agreement regarding future repairs to the pipe, one that will apply to future owners of the benefit.
    Marg
     
  10. Joshwaaaa

    Joshwaaaa Well-Known Member

    Joined:
    22nd Jun, 2015
    Posts:
    470
    Location:
    Adelaide
    Nope, i would never do it. Especially if your thinking of developing the land some time in the future.
     
  11. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    13,934
    Location:
    Brisbane
    I would see a town planner now to see how it could affect your future plans before considering it further.
     
    bob shovel likes this.
  12. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,935
    Location:
    Lower Blue Mountains
    Why/how are they going through your block if you're the high point?
     
  13. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,935
    Location:
    Lower Blue Mountains
    It will add an extra potential head ache for you with planning . Plus if you can use it the maintenance issue will come up. Who is responsible for what sections
     
  14. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,380
    Location:
    Qld
    Seems as if you are being asked to give up the use of around half a metre of one side of your land. This would almost certainly impact on any future development options. Even if not now, future rule changes may come into effect.
    Marg
     
  15. Rich2011

    Rich2011 Well-Known Member

    Joined:
    9th Aug, 2015
    Posts:
    1,315
    Location:
    Brisbane
    They have a house at the front, they want to build a duplex at the back and the shortest route for the roof water is via my back yard to the discharge point (which they say will be the curb and channel), from the back of their lot to the front is a slight slope up towards the street, so I'm guessing via my yard is the easiest way...
     
  16. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,380
    Location:
    Qld
    Probably cheapest - for them.
    Marg
     
    bob shovel likes this.
  17. bob shovel

    bob shovel Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,935
    Location:
    Lower Blue Mountains
    So they're seeing if you'll let it go for free. They can use their property. I wouldn't do it if they're looking to see if you'll allow it for free (never hurts to ask)
     
  18. dabbler

    dabbler Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    8,572
    Location:
    Sid en e - olympic city
    Well, let's put it this way, if your place was for sale, and you found a neighbor was running water through the property with no legal easement, would you buy it ?

    I probably would not, but if I did, and I was going to develop, anything like that would be removed and blocked off.

    I looked at a place recently where neighbor must have asked to do this, the pipe was just dumping water onto front yard from next door - nice, they had no real reason to do this apart from not wanting to dump it onto own land/yard. Could I really be bothered with an IP that is going to mean a likely fight with new neighbor over waste water....

    Their water, their problem really.
     
  19. beachgurl

    beachgurl Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,318
    Location:
    Sydney
    Like the others have said, get some advice on any adverse impact on your proposed townhouses.

    The access I'm obtaining is next to the existing sewer running along their back fences, so they would not be able to build up to that point anyway. And yes, they will both be compensated.
     
  20. Geelong Cable Locations

    Geelong Cable Locations Member

    Joined:
    30th Aug, 2015
    Posts:
    20
    Location:
    Geelong
    If it is just a single stormwater pipe coming off one downpipe and is just being discharged to the kerb and channel then I'd say no, because it will be too small for you to use in the future, and it will just cause more of a hassle for you down the track.

    If they are willing to compensate you then it may be worth considering.

    I wouldn't go a ridiculous amount because that is just silly. I'd create a speadsheet and work out all the cost that you may be up for in the future when you develop your property, such as architects, engineers, surveyors builders and so forth, then work out their hourly rate is and how much of there time will have to be devoted to dealing with this pipe down the track. I'd then add on an extra percentage to cover yourself for anything you haven't thought about, then add on inflation per year till you get to the year that you think you will be doing your development.

    I'd then present the neighbour with the full costings explaining how you came up with it, and then your figure of what you feel will be a fair and reasonable amount of compensation.

    I'd also do your own research and work out roughly what it would cost them to put the pipe in there own property. This way when you do go to them you will already know what the cost should be to them if they did it themselves compared to if they compensate you and you will atleast have a fair idea which way they will go.

    Actually I'd even do this second estimate first, work out what the cost will be to them to do it without going in your property, this way if it isn't that much then there is no point spending too much time on the other costings as you will already know your answer.

    Whatever you do, do try and keep them onside, when it comes to you putting in a permit to build and when you start the actual works, you don't want to have a neighbour that is ****** off with you for something that happened 10 years earlier.
     
    Jake Milne likes this.

Buy Property Interstate WITHOUT Dropping $15k On Buyers Agents Each Time! Helping People Achieve PASSIVE INCOME Using Our Unique Data-Driven System, So You Can Confidently Buy Top 5% Growth & Cashflow Property, Anywhere In Australia