problem with land developer

They called me asking for approval installing the pipe and next day they emailed me and the building informing that the pipe has installed. I didn’t approve it and no easement recorded.

Solicitor is going to review the contract to see if there is any clause that the developer can do this after handover. He is thinking it’s tresspassing.

Thanks Terry.

This is what I am going to email developer:

The developer didn’t mentioned about the drainage pipe before or during the settlement and was not mentioned in the survey plan or in any drawing that were given to us.
Developer contractor installed the drainage pipe after settlement without my approval.

I will agree on running the pipe through the southern side boundary of Lot xxx if the developer agrees the following condition:

1. If the pipe get damaged during construction developer will fix it at their expense or deal with the builder directly as required to fix it. We will not get involve fixing the pipe either with developer or builder.
2. Developer will pay any variation of cost raised by builder prior to or during construction due to installation of the drainage pipe.
3. Developer will be responsible for any future leakage or damage of the drainage pipe due to water flow or water log during excessive raining. If the leakage of the water cause damage to the foundation of the building, developer will rectify the damage of the building at their own expense.
4. If there is a delay starting construction due to drainage pipe (eg. need to lodge application to build over/ near storm water pipe), the developer will cover additional fees and reimburse me my rental payment for that period of time.

If the above conditions are not met, I would advise to remove the drainage pipe from Lot and put the soil back on as it was before.

What do you think?

Hi Terry
I got it. Can you advise the right wording or right approch? I am trying to get a positive outcome rather than getting legal advise from my solicitor.
Thanks