NSW Tapping into Council Drainage Pipe on Neigbour's Land?

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JaydenL

Member
1 December 2017
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I'm building a new home and want to connect storm water pipe to a council drainage pipe in neighbor's land. There is a drainage easement on neighbor's land title for that council drainage pipe. The beneficial of the easement is council.

Now, council allows me to connect to the pipe. Some people said I still need to ask neighbor to grant me easement, some people said I can connect directly without any change to neighbor's title. Which one is correct? My neighbor is not cooperative and doesn't event want to negotiate. But technically the pipe is just under rear fence (in neighbor's land) and doing the connection doesn't need to access their ground.

My side neighbor built his house 10 years ago and he connected storm water pipe to same council piple under same easement - he told me he just got permission from council and connected.
 

Rod

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27 May 2014
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Without a diagram it is hard to visualise what is happening.

Have you approached the council?
 

JaydenL

Member
1 December 2017
2
0
1
Without a diagram it is hard to visualise what is happening.

Have you approached the council?

Here's the diagram showing my land, my side neighbor and my rear neighbor. You can see the easement on neighbor's land. And my side neighbor connected into that council pipe 10 years ago without any easement change.

I talked to council and they said I can connect so I'm waiting for a formal confirmation. But one surveyor said council allows me to connect doesn't mean I can use the easement - I still need to acquire easement from neighbor.

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Rod

Lawyer
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27 May 2014
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Not entirely sure of the law in NSW, but generally if you have council approval, then you can access the neighbour's property to connect to the pipe. It would be good to give your neighbour written notice, of say at least 7 days. Gives them a chance to check things out and may avoid confrontation on the day with workmen present. And if police are called then you have your paperwork handy.