Space is at a premium but the cost of living and buying a home is soaring. In fact, many Australians cannot afford to purchase a home where they have lived all their lives.
This is why more and more people are looking at alternatives to the traditional housing model. Paying a mortgage is generally cheaper than renting, but the deposit is virtually impossible to save up.
Tiny houses are great but not a viable option for everyone. This leaves you considering building on land you or a family member already owns.
But what if there is an easement on the land. The first thing to do is to establish if there is an easement or not!
Geosurv.com.au can perform a survey to give you information regarding the boundaries, underground cables and pipes and any easements in existence.
What Is An Easement?
An easement is best described as a right of access for another person. This might be your neighbor to verify their drains or it might be the energy company to access electrical cables.
Will It Affect Your Building Plans
Obviously, for it to have any effect, you will need to be looking at building over or under the easement.
In general, this should not cause an issue providing your building work doesn’t prevent them from accessing the item they need to.
One Step At A Time
The first step is to establish what the easement actually allows the third person to do. If it is access to the sewers then you’ll need to maintain this access.
If it’s simply a route across your front yard to enable them to get to your home then an alternative route can be a viable option.
The important factor is it will not cause the third party any undue stress or inconvenience. If it does then they will be able to consider taking action against you.
Step 2
Once you know what the easement is it’s best to plan the continuing access and create a basic image of what you are creating. This can be shown to the third party, ensuring they understand their access will not be affected.
This should solve any issues before they start.
Factors To Consider
The key is a substantial interference. You might need to consult your local planning office to confirm building a structure over an easement is acceptable.
Once they have made a decision the third party cannot say that you are being unreasonable! You can also apply to suspend the easement, although this will have to comply with strict criteria.
These are usually connected with environmental planning but this can be an effective way to resolve the issue.
If you’re thinking about building on an easement or even buying a piece of land with an easement then you should verify all the details of the easement before you proceed. This will ensure you can successfully carry out your plans.
A property survey essentially provides a detailed map of a particular piece of land. These surveys can take one of several forms from a basic “drive-by” to an intricate survey which details everything about the property. Learn why obtaining a property survey first before starting new construction can save you both time and money.
