Hi
Ever had to sue a downstream neighbour to get a stormwater easement that is required by council for the DA to get up?
I’m aware of applying to the court to grant a SW easment under S88K in NSW, but has anyone actually issued a writ and followed the process through?
Tony
No i havn’t and i am glad i am not the neighbour. My question is why the council never allowed for this or did they in their overall development plan. In the case that is was allocated for future use then the neighbour doesn’t have a leg to stand on.
Is it because of the new storm water and detention regs as i have been hit with $50,000.00 extra on a new house i have in the final stages.
having an easement through a property will devalue the nieghbours property, is there any compensation your are bound to give, good case though and an interesting post … good luck, and your neighbour too.
resiwealth
Originally posted by resiwealth:My question is why the council never allowed for this or did they in their overall development plan.
resiwealth
Block is in beachside suburb originally surveyed in the 1920’s when no one wanted to live there where as now almost everyone does. So only recently the council just threw a high density zoning over everything in the suburb. The result is you have a high density zoned block but it will not meet the councils stormwater plan (my engineer reckons we can get the water away at the front without going via an easement but the council engineer doesn’t like it so he is in effect the judge, jury and executioner + no pump outs allowed here) and the only way it can is to get an easement. If the neighbour doesn’t want to grant one (even after offering a considerable sum of money) then the only recourse is to go to court….
I imagine are some experienced people here but maybe this is too touchy a subject.
Regards
TonyHi mate – good one, not. Wow what a doozy you have, i would suggest a personal letter to the owner explaining the situation and your intention to settle out of court.
Some times we get into the habbit of letting our solicators guide us when in fact a cold bear and a t-bone steak may be the fix.
I personally would not like an easement but I am sure that everything is negotiable … keep us posted please and good luck.
resiwealth
Some times we get into the habbit of letting our solicators guide us when in fact a cold bear and a t-bone steak may be the fix.
That would be a Polar Bear Phil?
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Simon,
At least we know what a polar bear will do – however a solicator … least said the better …
regards Phil
Hi
Your absolutely right resiw, always best to negoitate before running to a solicitor. (I do have a relationship of many years with mine and trust him and his firm without any doubt whatsoever)
However, having exhausted all options to negotiate directly with all the 3 downstream nieghbours (for an easement) and with the council engineer (to allow stormwater to flow out the front of the property) the only options left are to take the council on in the L&E court, challenging the council engineers calcs or take one of the nieghbours to the L&E court to have a easement granted. Like water flowing downhill (terrible pun) its always best to take the path of least resistance hence my decision to issue a writ to the weakest (financially) link which happens to be one of the neighbour.
Surely I’m not a pioneer with this as I thought with so many long time experience full time developers on this forum it would have been a well trodden path of “problem + solution = profit”.
Regards
TonyHi again Tony, yes we/i have taken on many cases but mainly on getting the development approval granted either from the council concent or neighbours, but never to sue for an easement.
I agree when all else fails sue the whole lot – when doing that and in your case i would consider suing the council and when you WIN you can get costs awarded.
A council cannot grant an approval with out providing solutions to the easement issue or another alternative to complete the approval.
If ONE neighbour is the issue then that may be the easiest solution but can you get the costs back? If these costs can be absorbed into the development then so be it. Your solicator who you know for many years – what is their advise?
regards Resiwealth Pty Ltd
Hey Tony any update mate …
resiwealth
Originally posted by tonyy21692:its always best to take the path of least resistance hence my decision to issue a writ to the weakest (financially) link which happens to be one of the neighbour.
Umm, nice type. Don’t expect to get a cold bear from me.
Actually, how’s about you give me his/her contact details… I might throw a grand or ten in to help cover his costs. Blah. [angry2]Break a leg,
F.[cowboy2]
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