Hi everyone,
My name is Kris, I’m 26 years old and have just purchased my fourth property a couple of days ago (I’m sooo excited!!)
I wanted to get your thoughts on building a courtyard on an easement.
The property itself is a 2 bedroom villa unit (4 on the block). The easement is situated on common property. I would like to ultimately lease the common property from the owners corporation.
My questions are as follows:
1. How do I go about achieving this with the owners corporation. How can I get them to agree? What issues should I consider?
2. What requirements will I need to satisfy to convince the local water company that this is a viable proposal? How can I make my application attractive in order to get a positive outcome?
3. What implication should I consider in terms of building on the easement? Will I have issues re-selling?Your thoughts would be greatly appreciated.
Thanks
KrisWhy pay for it (ie don't offer $ unless it is asked for). You may instead get a by-law for exclusive use of the area, in return for the obligation of maintenance of the area. Make sure that the exclusive use can be passed onto any other purchaser.
What do you intend to build? If it only involves paving then it shouldn't be a drama however if you intend a permanent structure ie something which involves footings or building over a sewer, there may be some concerns.
My intentions are to pave the area and close of it via a fence. Maybe a small deck with a garden (nothing major).
Can you please explain what a “by-law” means and how I go about getting a by-law?
I would recommend one site here to sort out this problems.Just click
http://www. freeceilinginsulations.com.auBy nature, an easement will need to be accessed.
From http://www.conveyit.co.nz/free-property-advice/easements/
The most common types of easement give the owner of the dominant tenement rights:
– to convey something, eg water or gas pipes, telecom/electricity cables (see also the Electricity Act 1992);
– to drain water or sewage;
– to go over neighbouring land (rights of way, for example).If they are using the land for gas, water, telecoms and electricity, whatever you put down, will need to be ripped up every few years and replaced at your own cost. I imagine the utilities companies wouldn’t allow you to do it, or would demolish anything you put there as soon as they needed access.
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