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After many more months the issue of the pipe has at last been nearly solved the council agreed to pay 50/50 for the removal of the the storm water drain. For anyone else who comes up with this problem there is a ruling that states that if something had been on your property for more than 20 years it can stay. but the council agreed that they where partly to blame for it not appearing on our title deeds and so in all fareness offered to meet 50% of the costs. its looks like costing us around 10k to move it. But at least we are near the end of a long haul!
I am in Kilsyth Vic [smiling]
Up date on easement problem I contacted the coucil and sent a letter saying that as it was an unregistered easement i would appreciate them moving it at there cost as i didnt want it on our property or words to that effect. less than a week later its looking good and in our favour. Its not official yet but we have heard a few runours that it will be moved at the councils cost.
I think there are a few legal obligations involved to which i am in the process of learning about. I will keep you informed and my fingers crossed