Hi All
Local council taking out an easement on a stormwater pipe they failed to register when signing off on the subdivision, Given that we had the choice of several vacant plots in the street we would not have bought this particular one if we had known (after full property search). The easement is 3m wide and includes part of our bedroom and tv room on our newly built house. They just want us to sign and would appreciate are cooperation! The land is only 15m wide and the proposed easement extends up to 2m in from the boundary along its whole length of the plot. Any ideas on what one can do?Cheers Oz
just cancelled the contract
I would seriously be going to see a solicitor that specialises in property law. Is the house already built??
House already built. Just seems unfair as we had a full search done. If I refuse an easement whats the process? I understand that when easements are made they involve compensation for blot etc. Would rather not have all this hassle.
Definately engage the services of a lawyer.
See a different lawyer to the one that you used for the purchase. Not only can they advise if compensation is payable by the council (probably not) but they could also review whether or not your conveyancer was negligent in the purchase by not having undertaken all reasonable searches etc.
Ok, you have said the proposed easement is 3 m wide but only affecting 2 m of your property, does that mean that your neighbour is also affected? How does council expect to service the easement if you have built over the pipe? Who will make good to your building if you have built over the pipe without meeting the requirements of building over a pipeline? Did the pipe show up in the builder's DBYD inquiries?
See if you can get it moved to another part of the land.
I know a friend who had an easement running at the back of the property and did a land swap with the land on the side of his property for the easement. He contacted the water company and managed to get it moved.
There may not be an actual pipeline under the easement it could be for future needs for a future water pipe if needed.
You must be logged in to reply to this topic. If you don't have an account, you can register here.
