I have just put a deposit on a block of land that I plan to sell off with plans and permits for units.
The block is quite large however there is an easement that runs diagonally across the block, it is 9mt wide. This leaves me with a triangle to squeeze units onto unless I can build on the easement.
Has anyone had similar issue or any pearls of wisdom?
Can anyone recommend a town planner in the Darebin area?
Any help will be appreciated.
FrankcrjParticipant@crjPost count: 602
As a general rule you can’t build over an easement. In NSW you can’t build over a sewer main.
Look at what the easement is for and whether you can negotiate to change its location. If the services are already in this would be costly.Alistair PerryIn House Finance Expert@aperryPost count: 888
It is possible to build over an easement, you need to get in contact with the appropriate referral authority, this will depend on what type of easement it is.
I own a town planning consultancy and would be more than happy to get one of my planners to give you some assistance if required. Have a look at our web site http://www.town-planning.com.au for more info.
AlistairnordicskierMember@nordicskierPost count: 85
Definitely depends on what type of easement. If sewer, it may need to be replaced with the high quality sewer pipe and the easements designed so as not to impart any load upon the pipe. Consider how will the service be replaced when required?DazzlingMember@dazzlingPost count: 1,150
One of my mates had an easment registered on his land title. It was for a large stormwater drain, that ran along the rear of his property, for the full width of the block and from his back fence to about 3.5m in.
He was told he was not allowed to build any permanent structures over the easement, but was allowed to ;
1. Put up a garden shed (no permanent concrete base….tiles only).
2. Brickpave the area
3. Vegie garden
4. Lawn and other small vegetation
The only things he wasn’t allowed to put there was permanent building structures or plant huge big trees.
He showed me the title deed before purchasing the land and asked for my comments. I said I would never touch any title that was hindered in any way (easements / encumbrances / caveats / height restrictions and a bunch of other stuff) that can permanently handicap your rights as the property owner.
He went against my advice and purchased the place and has been there for over 10 years now with no dramas. The authority has never set foot on the place, but assured him that what he had on there (brickpaving and a vegie patch) would all be returned to “as is” at the authorities expense if they ever did need to go in there and rip up the dirt to gain access to the large stormwater drain.
He’s just sold the place for a tidy profit, so I gather his opinion would be it wasn’t a drama at all, and obviously the new people who bought it off him also didn’t have an issue with it.
Your specific concerns, about placing permanent buildings over some diagonal easement sounds more onerous and restricting than what my mate had to contend with though.
Good luck Frank with your decisions.
Thanks for your input,
I’ve spoken to Melbourne Water and Yarra Valley Water and they say that under no circumstances are we able to build any load bearing or permanent structure including car park.
The block is 1041sq mt, so taking out unbuildable land it leaves 500sq mt. I am hoping to get 3 units on the land and use unbuildable land as back yard, gardens etc.
Does any one know land values in Preston Vic?
Frankfbd1Member@fbd1Post count: 65
You can find out from your local council or town planner, but in my experience you can build over some easements and they can be used for car parking depending on the type of easement. Sometimes you may have to start the building at a certain height to still allow access.
The easement is a 1.5mt storm water pipe and a sewrage pipe from 1929.
The total easement is 9 mt wide. Thats right 9 mt.
The total land size that the easement is on is about 400 sq mt.
Because the pipe is old they fear that even a car park may force presure on the pipe, let alone a structure.
However I will take your advice and see a town planner and the council.
It is cheap for the area.
FrankLeilaMember@leilaPost count: 63
Make sure you also check out the Special Building Overlay (SBO) in the local planning scheme. If there is a MW stormwater drain running through the property there may also be an associated 1 in 100 year overland flow path (shown in the SBO) affecting areas of the property outside the easement. If this is the case, there may be further limitations on building on the property or conditions relevant to designing your development. You can check the SBO on the website http://www.dse.vic.gov.au/planningschemes, or at the Council offices.
If there is an SBO on the property, you can seek further advice from MW development planners on 9235-2517 (I believe this no. is still current).
If you have the Section 32 handy, any flooding (overland flow) issues would also get a mention on the Yarra Valley Water statement – labelled as section 239G.
LeilaLuan CaoMember@luan-caoPost count: 23
I have read all the posting in response to your question about building over an easement.
The first thing that i woudl observe in the whole debate is the fact that if you are asking a question about permmission to build over an easement you would be a relatively novice developer. This could very well be your first development.
Having said that, there is a reason why the land is cheap for the area. The reason is that it has an easment.
My advice is to stay away from it as a development because I have seen many novice developers buy land thinking that they are getting a bargain but all they are getting is a headache and heafty holding cost whilst trying to figure out what to do with land that they have purchased that has limited development potential because of easement.
This is not to say that you cannot build over an easement, the town planner is correct it is dependant on the type of easement but most of the time the easement needs to be relocated and this will incure large expenses both in hydraulic engineering consultancy and the physical relocation of the service that the easement is providing.
Kind RegardscolinnewlandParticipant@colinnewlandPost count: 128
Not as a general rule. They are placed on the property to ensure that access is always available for sewers, right of ways, power etc.
Were you aware that the property had an easement when you did your property search?
Let me say first of all, this is not a debate, thats not what the forum is for. It is for investors/ developers new and old to share ideas and be able to ask questions and get a lot of differant ideas and experiences etc.
I have always been aware that youy can’t build liveable part of a unit etc over an easement, this is my third developement. I keep getting differant answers from differant councils aboutr what you can build over the easement. In my second developement I was able to build a guarage over the easement, however on this developement I am not even able to have concrete.
As far as being a relatively novice developer I have to say that I do not know all the differant planning guides for all the differant councils, maybe one day I will.
Thanks so much for your input,
I met with the council yesterday and you are right, there are so many restrictions on the land.
They were even concerned with us cutting through the root system of the neighbours tree 40 feet away and wanted an arbourist etc.
Thanks for the contacts as well.
FrankLuan CaoMember@luan-caoPost count: 23
My apologies as my semantics and assumptions were incorrect.
Suffice to say that all I meant was that the project could be more effort than it is worth.
Properties with easements and other associated restrictions should be, in my opinion, carefully researched and necessary due diligence performed before you put down considerable deposits.
Next time perhaps you should consider optioning the property (even for a few days) while you do this reasearch. That could omit some of the financial risk associated with the development.
Are you still obligated to purchase the property?
Thanks for your reply,
I left a conditional deposit and was able to get all of it back.
It was an interesting excercise.
It seems a fair question to ask, as it stands at the moment, the question has had 500 looks, it is a grey area and I have learnt there is no hard and fast rules about building over an easement.
What is your business?
I am looking at a block of land.Urban Utilities Qld has provided me with some information telling me that there is a water line under my property which is being used to provide connection to the next property.
I am not sure how complicated this will make my construction and how will Urban Utilities maintain it in the future.
The contract of sale does not mention any of this and has come to me as a bit of a surprise.
If anyone has been through this or has any information, please share.
Appreciate your help.BennyModerator@bennyPost count: 874
I would start with your Solicitor – they are the ones who check all this stuff when looking at buying. They should be able to advise I would think,
Thanks for your reply.
I have started interacting with my solicitor but haven’t heard anything concrete until now.
So I am just trying to get all the information in case the Urban Utilities report comes out as correct,then how does it affect my consctruction and overall maintenance aspects of the property and the water line.
SeanJacqui MiddletonParticipant@jacmPost count: 2,534
Maybe they’ll at least let you tarmac over it so that you can have a parking bay. As you’ve mentioned they won’t allow a structure but might allow the ground surfacing. Perhaps you could then put up a shade sail over it.
Thanks guys.Luckily for me,the Urban Utilities maps were outdated and there is no water infratructure under the property.
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