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VIC Consent to Build Over an Easement?

Discussion in 'Property Law Forum' started by HillyMLH, 17 June 2015.

  1. HillyMLH

    HillyMLH Member

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    Hello,

    I am a homeowner in Victoria and purchased a house with a shed built on top of an Easement 2 years ago. I have the relevant applications & certificate of final inspection for the shed.

    I currently have a broken sewer and the plumbers have had to cut the slab of the shed up to access the boundary trap. According to the original "Application for Consent to Erect a Building or Structure over an Easement", there should have been an access point to allow for maintenance.

    Despite there being no access as required, the council Building Surveyor signed off on the structure. Do I have any chance of recovering any costs from the Council??

    Thanks in advance.
     
  2. Ivy

    Ivy Well-Known Member

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    Hi there,

    Are you saying that if there was an access point as legally required, then the plumbers wouldn't have had to cut the slab?
    It's an interesting point. I'm not sure what the liability of the council would be on this. I would start by reading through the legislation that regulates when and how buildings can be approved over easements. Then you would need to engage a solicitor.

    However you should bear in mind how much the damage to your shed has cost you. I suspect that the council wouldn't agree to paying without a bit of a fight (this tends to be the way with councils...) so you'd have to consider how much time and money you are willing to spend on this.
     

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