Hi All,
One of our PPOR neighbours are subdividing, they have approached us to see if we will allow them to run their drainage pipes down our fence line to the drain at the front of our house. This will involve them digging a trench about 50cm inside our property from the back to the front, It will also have to go through an area of heavy tree roots. We are concerned that this may damage our trees.
Is this a standard request that happens all the time?
Should we allow them to do it?
Should we be charging them for the privilege?
Is it wise to get put in the contract that if the tree(s) die after this that they will cover certain costs like tree removal etc?Thanks
You have no obligation to provide permission. If you do, I would certainly expect to be compensated for the upheaval and perhaps costs to relandscape etc. You also want to ensure that they're responsible for any damage to your trees or any other infrastructure (electricity, gas etc), possible damage to your foundations etc.
Definitely get legal advice to ensure your interests are protected, and do some research as to what would be a reasonable figure to ask for in return for this access. This depends on how profitable their venture is, how long the disturbance to your property will be going on, etc. But I should think you would be talking $5K-ish for even a very straightforward proposal, and possibly much more if they're creating many lots and/or putting through a pretty big pipe that may impact on your ability to, for example, extend your property in the future.
I'm not talking about being difficult and trying to "milk" the situation, but you certainly should receive reasonable compensation for your contribution to their project, and you definitely have to have your own position protected for any possible consequences of their works.
Warmest regards, Tracey in Brisbane
Hi Alwayzlearning,
This procedure is common practice and while Council can inforce the issue they are too gutless to do so. You will end up with a drainage easement on your boundary not unlike any other drainage easement. Provided that you take reasonable steps to ensure that the Developer does the work in a professional manner and leaves the landscaping as he found it, I see no problems. Perhaps a legal document is not a bad idea and all costs should be paid by the Developer.
I always advise people to put themselves in the other persons shoes and ask if you were the one wanting to put a drainage pipe (to get rid of run of water) down your own side boundary, would you do it?
Jon
My first question is "why can't the neighbour run the pipe through their own property?" Surely the replacement of some of their own paving/landscaping would be a better outcome for yourself. Is this the only solution? (other neighbouring properties, pump out system etc).
Secondly, how was the subdivision approved if you are yet to agree on giving away your rights? This is your block, an easement is a restriction on your block and a benefit to the adjoining block. How much will next door's property benefit by not having a restriction on their site compared to the loss in development potential and value on your own (in perpetuity)?
Thirdly, how much of your block will be affected by the easement? What will you lose (500mm out of say 15m = 3%) – what is your land worth (not your PPOR). How will they ensure that it does not encroach further into your block? Is this the width of the trench or the size of the pipe? It may be worthwhile to consult a registered valuer to discuss your options and effects.
The list goes on……
Will this affect what you can do on your block ie subdivision? Will the pipe be sufficient to take waste/water from any theoretical subdivision of the rear of your block?Will the pipe affect any future construction/development potential on your block eg: zero lot lining or a brick garage on the boundary? The neighbour should pier & beam/concrete encase the pipe so that you can build over it at any time in the future. Will it be at a sufficient depth that P&B/encasement is an option or will the pipeline be constructed out of concrete pipe?
What rights of access must be granted in case of a blockage of the pipe?
Is it for stormwater or sewer or both?
If you are going to grant an easement – this must be documented as it will affect any prospective purchaser of your property (and will reflect in your property value).
Once it is given away it will never come back – tread carefully.
SNM
I agree with Scott, why is this pipe going through your property?
I imagine you must already have a drainage easement on your land, if that's the case then I don't think you have much choice.
The developer of course, has to return your property to how it was previously.
Please get some official advise on this one.
Cheers, SueThanks for the advice Guys, it has certainly given me some more to think about.
I haven't had the chance to speak to the person myself yet, my wife was the one that he approached so I am not sure on all the details yet. I will have to have a chat with him before I make any decision.
After reading my first post again I thought it might be worthwhile adding the following information.
· The neighbor’s block is diagonally behind ours and we a joint border for about 10 meters.
· Their block is about 2.5 times longer than ours (so I assume that it could be a cheaper option for them to go through our land.)
· They did ask the neighbor directly behind them (my next door neighbor) but he declined due to having a whole row of trees running down the fence line.
· The plan as I see it is to run the pipe to drainage pipe that runs under our nature strip.
Please let me know if anyone thinks that this changes anything…
Also, is it an expensive exercise for them to be laying this pipe?
AL, there is no obligation on you to accept a 'burden'/'affectation' to your property. Be as nice as you like in knocking back their offer. It is far cheaper for them to build the line in your property than to cause damage on their own property. Why haven't they just put it through their own site?
If fall is a propblem, their only option will be to install a pump-out system.
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