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Waste water drain

Discussion in 'Legal Issues' started by Investing101, 18th Oct, 2015.

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  1. Investing101

    Investing101 Well-Known Member

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    Hello,

    I have canvased the council website, and google for that matter but cant find anything regarding my legal obligations to preserve what looks like a waste water access man hole in my yard. Its sitting somewhat along the back fence but i wanna put a garage right were it is. Think council will care if i just lay a slab over the top? :D I figure I'm stuck with it even though i would pay to move it if possible and wanna know how close i can build next to it or even on top but leave access from inside the garage?
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    Consider this: what will be the consequential damages which arise should your building works crush the sewer main? How many dwellings will it affect? For how long?

    Cost of relocation: $#!+ doesn’t flow uphill. Is it possible? How deep are your pockets?
     
  3. bob shovel

    bob shovel Well-Known Member

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    Go to dial before you dig website and see where it is. plans are for free, fairly easy site

    You may need to concrete encase the sewer main to build over, thats assuming its sewer, it may be stormwater.

    as for building depends - where the property is, water authority responsible and what the man hole is actually for.
     
  4. WestOz

    WestOz Well-Known Member

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    If you're building a garage (requires a roof) you'll need to get it approved prior to construction, they'll soon let you know any issues.

    Prior to spending $'s on applications etc I'd suggest having a verbal chat with your local council and water/sewerage provider rather than using the web.

    I'd say it'd be considered an "easement" with certain conditions/restrictions, including access in case of urgent works, possibly detailed in one of many docs from settlement agent when purchasing.

    I'm sure many property owners have ignored this over the years, simply thrown up a shed etc without approval, some may not have even known the easement was on their property, buried over the years under gardens, lawns etc. In the end it's the property owner's responsibility, any issues their cost, perhaps fines etc.
     
  5. Investing101

    Investing101 Well-Known Member

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    Thank you all
     
  6. DaveM

    DaveM Adelaide Buyers Agent & KFC Strategist Business Member

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    If theres a sewer there is likely an easement
     
  7. dabbler

    dabbler Well-Known Member

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    Yes, I would say there is an easement.

    I do not think you will want to concrete over anything an authority has legal access too, they will just demolish/remove if you do so illegally and charge you for that work.
     
  8. Chilliblue

    Chilliblue Well-Known Member

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    You need to review you contract and the local water authority before any action is taken. Both will detail what if anything is there.

    If there is one and you build over, you are not only required to move the structure if an incident occurs, but you will be liable to civil suits from other parties who may be affected by your actions.

    Note that your insurance would not cover this.
     
  9. bob shovel

    bob shovel Well-Known Member

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    Just because there is a pipe the doesn't mean it's an "easement " it means you need to check if it's a proper "easement" then follow requirements of the "easement ".
    if it's a pipe through the property you need to follow the water authority directions to be able to build over or near the pipe
     
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  10. Scott No Mates

    Scott No Mates Well-Known Member

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  11. WattleIdo

    WattleIdo renovating Premium Member

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    Yes. I have a pipe going through my property but no easement because of the size. Will still be careful of it though.
     
  12. dabbler

    dabbler Well-Known Member

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    what sort of pipe and what size ?

    If there is no legal restriction, you could dig it up, block it, remove etc, I doubt an authority would make a mistake with an important service.
     
  13. bob shovel

    bob shovel Well-Known Member

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    Its all going wireless too I heard.
     
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  14. dabbler

    dabbler Well-Known Member

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    Wireless waste water transfer.....mmm what will they think of next... lol :)
     
  15. Investing101

    Investing101 Well-Known Member

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    Wastewater.png
    So, i know from the contract that no easement has been declared. I have requested a report from dial before you dig and hope to get that soon. Energex was auto reply from DB4YD. Testra wants $55 for a report and i assume Water Company is posting it out..

    I decided to put garage on hold till i do some more metaphorical digging.

    Thanks again
     

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  16. dabbler

    dabbler Well-Known Member

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    wow, are you sure it is on your property ? not just outside a boundary ?

    It seems a council manhole, it is not minor pipe work, what state is this or city ?

    When you bought did you not look into it, or are you in process of buying ?
     
  17. bob shovel

    bob shovel Well-Known Member

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    yep thats a mighty fine lloking man hole :oops:

    you should get an email with water authority plans soon.

    what council is it in? Looks like gold coast council?? Gccc?

    whack up the plans when you get them
     
  18. Investing101

    Investing101 Well-Known Member

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    I'm 99% sure its on the property. In the process of buying. Gold Coast.
     
  19. bob shovel

    bob shovel Well-Known Member

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    Got a google maps shot that shows it? If it's against the fence line to can just being the garage offa bit further
     
  20. WattleIdo

    WattleIdo renovating Premium Member

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    Maybe it was a council laneway that has since been acquuired by previous owners.