We have just discovered 18 months into a sub-division that there is a unregsitered storm water drain running diagonal across the block. Has any one any suggestions on getting around this. I think we could move it at a cost to us of $15-20k but isnt there any laws protecting us.
The issue only surfaced last week.Any suggestions will be appreciated. We are in Vic
ouch i feel your pain. thats a real shame, lets hope someone has some knowledge of what you can do in this situation.
Hi,
Sounds like a visit to the local council to seek advice.
hrm
Assuming its a pipe and not an open drain it may be arguable that you can build over it without obtaining consent from the relevant authority ie council.
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 crossedAfter 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!
btw
whose responsibility is it to register easements?
if unregistered how is the prospective buyer going to be aware of the condition?
Kattanhi jan, just been looking at your thread regards un registered easements, and am in the same boat kind of, am looking ata property in frankston which has an unreg. easement and wondered what was the final outcome of yours?? any info would be good as have been searching allover.
ta waynekattan wrote:btw whose responsibility is it to register easements? if unregistered how is the prospective buyer going to be aware of the condition? KattanFor an easement to exist, it needs the consent of the land's owner (ie the property which is burdened) as well as the documentation submitted by the property benefitting from the easement. To find out if there is some form of easement, you should approach your solicitor (or do the search yourself) of the adjoining properties to discover whether in fact that there is an easement – you'll discover that the other properties might have a right to drain water etc over your land.
The responsibility for registering the easement lies with the person benefitting from the easement. If they haven't registered it and it does not show when you make your enquiries eg http://www.DBYD.com.au, then you can build in blissful ignorance.
Scott No Mates wrote:kattan wrote:btw whose responsibility is it to register easements? if unregistered how is the prospective buyer going to be aware of the condition? KattanFor an easement to exist, it needs the consent of the land's owner (ie the property which is burdened) as well as the documentation submitted by the property benefitting from the easement. To find out if there is some form of easement, you should approach your solicitor (or do the search yourself) of the adjoining properties to discover whether in fact that there is an easement – you'll discover that the other properties might have a right to drain water etc over your land.
The responsibility for registering the easement lies with the person benefitting from the easement. If they haven't registered it and it does not show when you make your enquiries eg http://www.DBYD.com.au, then you can build in blissful ignorance.
hi scott,
the property that i'm looking at the council knocked back the current owners proposal to build because of the unregistered easement, so there are aware of it?? which poses the problem…..need to do more research.
thanks wayne(yorKie)
To ask a blatantly stupid question who 'benefits' from the easement? When was it created? For what purpose? By Whom?
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