Me again , my second post for the night!
I am sub-dividing my block in Bendigo, it is approved subject to drainage easement approval from my neighbor.
My neighbor is not keen on signing off on the easement. His block has other existing easements on it that prevent him from building where I want him to approve an easement for me.
I also have a railway easement behind my block, my other choice is to apply to them for permission to run the drainage that way.
Now a few questions:
Q1 Has anyone negotiated easements with Vic rail authorities? Was it expensive and/or months in the making?
Q2 Would anyone offer a signing fee to their neighbor as part of the negotiation and how much would be fair? and of course cover any costs to him?
Q3 Any other ideas?Thanks again, Steve
If I have understoood what you are saying, your neighbour is already prevented from using the land in question because of other existing easements. If this is correct then alowing you to add yours is no loss to him. For him the easement itself should be of no consequence at all (provided you pay all associated costs).
Perhaps the easement is not the real issue here. Will it require digging up his trees/garden? Or is it possible that your neighbour is simply not keen on the sub-division? Or might he already know that you are considering offering him this “signing fee” and be holding out for that?
Regards
SonjaSonja
Your understanding is correct, there is no loss to him as I would pick up any costs. Only vegetation is grass & blackberries. We are on nodding terms as far as neighbors go – no feuds or BBQs. His was the only enquiry during the advertising process and he commented to the civil engineer then that the last thing he needed was another easement!
I am trying to cover all my bases before I broach the topic.
Aiming for the Win/Win outcome, hence the thought of offering a fee but then he may have thought I hve been rude by not discussing it with him before now?Steve
It seems that you’ll have to have a chat with him. I hate this sort of situation because although you have not intentionally offended him, it sounds like he has a problem. Hopefully he able to discuss it without getting defensive.
Good luck with it. Perhaps a phone call to the railways might be a good idea. If he already has his back up about it he might refuse to sign on the easement just to make his point (whatever that is). Hopefully he will be willing to at least have a reasonable disscussion.
Regards
SonjaLadies & Gents
A bit of an update
Have spoken with the owner next door & got a No Go on the easement.
Very frustrated as we are talking about 4 meters
So now l get to tackle the railways – not looking forward to this due to delays & costs.
The moral is: Talk to your neighbors about your plans before you part out any money to councils or civil engineers
Steve
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