In 2004 we were ordered by council to register a stormwater easement as part of our building/subdivision conditions, even though the owners of property behind us didn't request it, we were told that when the time came for the works to be executed on our property we would be compensated, but we got absolutely nothing for it. In 2011 the owner of property which has 2 (duplexes) lots that benefits from easement laid his pipes in the 1.0 wide easement. We now have another neighbour building duplexes which is another 2 lots wanting t use our easement, they want to tap into it and are threatening Supreme Court action. What does 0.2 wide easement for support mean, is that the diameter of the pipes to be used? because if it is? then thats not what have been laid in the easement the ones we have are approx 100mm, would that mean that they would be too small to service another two properties are we being threatened for nothing? some sort of guidance would be appreciated, thank you.
An easement that allows excavation for services... I imagine the 0.2 wide would mean an excavation 200mm wide
To my mind an easement for support refers to support for buildings constructed on the property - but that could be more of a Queensland thing. Generally an easement for drainage is going to be wider than that, to give the pipes sufficient room around them so that they are not affected by compaction.
All development needs to have sufficient drainage provision to the nearest legal 'point of discharge' (e.g. a gutter or public drain), which is why council made it a condition of approval.
I'd be checking whether the easement you've granted on your property is an 'easement in gross' in favour of, say, your local council - or whether it is an easement in favour of the other lot owner. If it's an easement in gross, tell the neighbours to talk to council. If it isn't, maybe look at what is the nearest discharge point (your easement is not a discharge point) and insist they arrange drainage to that.
All development needs to have sufficient drainage provision to the nearest legal 'point of discharge' (e.g. a gutter or public drain), which is why council made it a condition of approval.
I'd be checking whether the easement you've granted on your property is an 'easement in gross' in favour of, say, your local council - or whether it is an easement in favour of the other lot owner. If it's an easement in gross, tell the neighbours to talk to council. If it isn't, maybe look at what is the nearest discharge point (your easement is not a discharge point) and insist they arrange drainage to that.
An easement for support is about, say, building a retaining wall on the burdened land, for the purpose of supporting the benefited land.
It's often a separate easement from (the) one for sewerage/ drainage.
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Hi Docupedia, thanks for your reply, it's not an 'easement in gross' it is to benefit the 2 subdivided lots behind our property. Now we are being threatened legal action by ANOTHER lot owner that wants to tap into the same easement for his 2 subdivided blocks, I dont understand how 1 pipe can service 4 lots (duplexes)?
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Depends on the pipe I suppose. I’m reminded of the movie Kenny and the line (which I’m probably butchering): ‘That’s a classic case of a one inch pipe and a two inch asshole.”
If your discharge point is the nearest viable method to achieve stormwater discharge, then they may be stuck. Any building approval has to satisfy stormwater discharge requirements to a point of legal discharge. In built up residential that usually means a gutter or a drain. But that shouldn’t mean you need to just roll over and accept it.
Easements usually involve a degree of compensation - it is still your land. And their work shouldn’t cost you a cent, either in getting it arranged and done - or in maintenance or repairs.
I think the first step, if you want to resist their push, is to figure out what their options are for other means of discharge. If there aren’t any, you may find it is better to negotiate a suitable outcome rather than be dragged into a court proceeding.
If your discharge point is the nearest viable method to achieve stormwater discharge, then they may be stuck. Any building approval has to satisfy stormwater discharge requirements to a point of legal discharge. In built up residential that usually means a gutter or a drain. But that shouldn’t mean you need to just roll over and accept it.
Easements usually involve a degree of compensation - it is still your land. And their work shouldn’t cost you a cent, either in getting it arranged and done - or in maintenance or repairs.
I think the first step, if you want to resist their push, is to figure out what their options are for other means of discharge. If there aren’t any, you may find it is better to negotiate a suitable outcome rather than be dragged into a court proceeding.
After my initial post, I had a bit of a look after others here say it is an easement to support a structure... I had heard that it was related to excavations for services somehow, & it seemed to fit with your situation regarding storm water pipes.
Anyway, I found this reference:-
Easements of support (pertaining to excavations) – similar to an easement for services but will require excavation works e.g. establishment of drainage pipelines, natural gas lines power, telephone lines.
SOURCE >>> Easements On Property, Your Complete Guide - Intuitive Finance
Perhaps the term is state specific?
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