NSW Understanding property easement and defects

Discussion in 'Property Analysis' started by Sarvah, 27th Apr, 2020.

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  1. Sarvah

    Sarvah Member

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    Hello Friends,

    My first post here and excited.
    I am looking to step into the world of property owning, with small help from parents. :)

    Been to inspections over past 2-3 weeks,and seemed like all we have for now is leftover properties now in Sydney West.Many properties that are available either has easement or some awkward things in it.
    Yesterday came across one property which was ok, but in the backyard I spotted this. Whats that.

    upload_2020-4-27_21-6-50.png


    Agent told nothing to worry and its sewer point and it is there in all properties.
    But in contract, I spotted this.

    upload_2020-4-27_21-6-28.png upload_2020-4-27_21-10-30.png

    The last thing I want is sewer all over my backyard.
    Of late I am hearing so many sewer discharge related complaints in Sydney. So am I right to be concerned?
    Does that mean Sydney water can access my backyard at any time?

    Cheers,
    Sarvah
     
  2. lixas4

    lixas4 Well-Known Member

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    Having easements or sewer/drainage in your back yard isnt necessarily a bad thing. If your property falls to the rear, then you want those services to be there to take the drainage/sewerage away. It means if you do a development then they can be easily connected to.

    Easements/services are only a nuisance if they stop you from doing what you want to do, generally if they are at the rear of you property they wont be an issue unless you planned to build on your back boundary, which is generally not allowed with council rear setback rules.
     
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  3. Sarvah

    Sarvah Member

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    hmmm so that is an easement? What are the chances of overflow.
    Can other properties use this easement and access the backyard?
     
  4. Scott No Mates

    Scott No Mates Well-Known Member

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    It looks like there's already a connection/junction for the property behind. Unless they need to make a new junction, there's no need to access. Are they rebuilding?
     
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  5. Sarvah

    Sarvah Member

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    No they are not. I just went to inspection and saw this.
    So got confused on whether they can use my backyard in future.
    Also worried if sewerage overflow happens, the backyard will be in a mess.
     
  6. Sarvah

    Sarvah Member

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    Thanks for the detail.
    For taking the sewerage away I thought they lay a sewer pipe. I never had seen this in my home and my friend's home.
    I have asked the agent for a more detailed pic and he sent me this after lot of swearing. ;)
    Can I assume this is not a matter to worry then ? :)

    Cheers,
    Sarvah
     

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  7. wylie

    wylie Moderator Staff Member

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    Pfffftttt!!! to the agent's pic. What on earth does that even mean?

    I'd suggest you call the local council and ask them if this concrete plug thing can be buried underground. Is it just an inspection point? They should know.

    If you don't want to build over the top of it (it is very close to the fence so assume this won't be an issue), then I'd not let it stop me buying. We used to have one of these I'm sure and when sewer went through (back in the 60s) I'm sure it either went underground or disappeared.

    And I'm not certain but the 1930s house we've just lifted I think had a concrete thing in the back yard, that was changed to just a jump up inspection with a small plastic cap.

    Council could give you the answers I'm sure.
     
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  8. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    Issues concerning easements are best explained by the solicitor prior to signing a purchase contract. A easement for sewer means the relevant authority (eg Sdney Water) has a right to leave that sewer cap undistribured. If they should need to enter the yard yes they can dig it up and make a mess of your yard but will restore the yard (called restitution). The easement should be shown on yor title and should not be bult on as they can then rip whatever is there down and no restitution will be given. The sketchey image of title appears to show an easement that runs along either side of that cap.

    The easement would affect plans to put a garage, driveway or GF in that position or nearby as weight may disturb the pipe even if close by. Otherwise its a permanent structure you will need to accept.
    Generally Sydney water wont move or hide the cap. And neither can you. You can erect a small garden bed to hide it but expect its loss if they need to access the pipe.

    http://www.sydneywater.com.au/web/g...ments/document/zgrf/mdc2/~edisp/dd_076198.pdf

    Council has nothing to do with it in Sydney. Sydney Water are the sewer authority, not council in Sydney.
     
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  9. Sarvah

    Sarvah Member

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    Thats awesome info mate.
    Garage is in the front. But yeah this will limit building Granny as you mentioned.
    To summarise Sydney Water can access the pipe at anytime. So I hope nothing to worry,
    I found this link as well
    http://production.sydneywater.com.a...ments/document/zgrf/mtc3/~edisp/dd_177235.pdf
     
  10. bmc

    bmc Well-Known Member

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    the diagrams you have are the Boards Sewer Diagram and the Residential Connection Diagram.
    You own and are responsible for the private pipelines and connection points.
    The Board (Sydney Water) are responsible for its assets (main infrastructure).
    There is also legislation that protects these assets.

    Our states sewer system is extensive and runs across most of NSW and it is normal to have these pipelines run underground across properties.
    You just happen to have a Sewer Manhole in your backyard and it appears that the main line runs parallel to your rear boundary, to which everyone connects.
    You cannot touch the boards infrastructure, or alter it without permission.
     
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  11. Adira

    Adira Member

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    Hi,
    I am about to buy a property and I saw few easements listed. Should I be worried about it? I see a grilled drain in the corner back of the backyard.
    • A Restriction on the Use of Land referred to and numbered (24) in the S.88B instrument lodged with Deposited Plan.
    • A Restriction on the Use of Land referred to and numbered (26) in the S.88B instrument lodged with Deposited Plan 12XXX
    • An Easement for Drainage of Water 1.6 Wide created by the S.88B instrument lodged with Deposited Plan 12XXX and shown denoted (A) on the attached sketch.
      Deposited Plan 12XXX.
      A Restriction on the Use of Land referred to and numbered (20) in the S.88B instrument lodged withDeposited Plan 12XXX.

       A Positive Covenant referred to and numbered (21) in the S.88B instrument lodged with Deposited 12XXX.

       A Restriction on the Use of Land referred to and numbered (22) in the S.88B instrument lodged with Deposited Plan 12XXX.

       A Positive Covenant referred to and numbered (23) in the S.88B instrument lodged with Deposited Plan 12XXX

    • A Restriction on the Use of Land referred to and numbered (19) in the S.88B instrument lodged with 12XXX

    • The land is benefited by:
    • An Easement for Drainage of Water 1.6 Wide created by the S.88B instrument lodged with Deposited Plan 12XX and shown denoted (A) on the attached sketch.
     
  12. bmc

    bmc Well-Known Member

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    any more details ?
    depends on what the restrictions are
    you need to read the 88b instrument

    could be anything, like,
    an on-site detention tank.
    an on-site rainwater re-use tank
    a building restriction
    a building envelope restriction
    a height restriction
    a setback
    a bushfire protection zone
    a flood level
    etc
    etc
    etc
    etc
     
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  13. Scott No Mates

    Scott No Mates Well-Known Member

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    To add to @bmc's comments, once you get the S88 you need to work out what they mean to the property that you are buying:

    Some of the covenants are restrictions on being able to use the land, others (positive covenants) may allow you to utilise a facility eg stormwater or private drainage service.

    Not all easements are bad but are there to serve a common purpose and open up land to development when you wouldn't otherwise be able to make full use of it.
     
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  14. Adira

    Adira Member

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    Thanks for your comments, I will check the S88. It is large development land and there are multiple easements. I need to narrow down which impacts my property. I definitely see one easement for drainage water, which is in the corner of the backyard.