All Topics / General Property / Can an Easement running along a fence line impact on DA to subdivide a block??

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  • Profile photo of TheShoulderGuyTheShoulderGuy
    Join Date: 2007
    Post Count: 44

    Invetigating a 1/4 acre block with two street access in Ipswich area in Qld. Would be nice to subdivide the back of the block off as it has access via a lane way. Does an easement pose a problem when reconfiguring a lot??? The easement runs along the right hand fence line of a rectangulat block running North/South.

    Thanks alot for your help

    Profile photo of Rodeo 98Rodeo 98
    Join Date: 2006
    Post Count: 10

    The Local council would be able to tell you for sure . Do you know what the easement is for ?  Is it actually a registered easement ?  Usually ,to build over an easement is a hassle to get all the approvals .



    Profile photo of TheShoulderGuyTheShoulderGuy
    Join Date: 2007
    Post Count: 44

    Thanks Rodeo, not sure what easement is for, easement comes up on a property data website but is not mentioned on council property development website so will contact council for a clarification. Just hoping that it wouldn't impact on any subdivision potential or building potential.

    Thanks again

    Profile photo of Steve McKnightSteve McKnight
    Join Date: 2001
    Post Count: 1,763


    It certainly can – on at least two fronts. In answering I have assumed that it is an easement in favour of water/sewerage.

    Generally, an easement is a right to access a property to the favour of another person. Common easements include access for power, water, sewerage, or for access to another property.

    To answer your question then…

    1. An water easement cannot usually have a permanent sturcture built on top of it. About the limit is a carport (as opposed to a garage) or a garden shed. If access is required then you will need to make it possible at your cost.

    2. More of an issue though is that for subdivision to go ahead you will need to ensure there are services available to the property. Accordingly, you may need to chop up the block so that there access to the easement from both titles. This may mean that you extend the existing easement.

    I recommend that you call or visit the local water authority and discuss this matter directly with them.

    Some quick research revealed (albeit not from Qld).

    Hope it goes well for you.

    Steve McKnight | Pty Ltd | CEO

    Success comes from doing things differently

    Profile photo of TheShoulderGuyTheShoulderGuy
    Join Date: 2007
    Post Count: 44

    Thanks Steve, a quick call to the local council revealed that it is an ''unidentifed easement" most likely for access to storm water pipes as these just touch the southeastern corner of the block. So will need an Engineers Report and a Survey Plan to ID who owns the easement…. most likely local council. Councils preferred access to the easement is from a lane way at the back of the block. Which in the event of a subdivision I would have to develop into a bitumen road to the property boundary to access the subdivided block plus pay contributions tfor curbbing and channelling.

    Is it usual practice for the developer to pay for the whole of the road upgrade or just significant contributions to its upgrade?
    Length would be approx 50m of bitumen road?

    Appreciate any thoughts.


    Profile photo of nikvalentinenikvalentine
    Join Date: 2008
    Post Count: 2

    g'day boing,

    i know from previous experience that in tassie, additional works to allow for developments are usually split 50% to the developer and %50 to the council. This will vary of course depending on your situation,



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