VIC Access to easement in neighbouring property when owner refuses

[Karmen]

Just wanted to better understand the legal options for the following scenario.

Require access to an easement that sits in a neighbouring property for a drainage and sewerage connection.
The easement is in favour of the Water authority and local council and runs the boundary to our block.
Have asked the neighbour for approval to extend the line into our property with the undertaking that everything
will be reinstated etc. Have also offered some $ for their understanding.
As this connection is required for a development which has council and authority approval I am of the opinion
the neighbour will refuse access until the $ compensation keeps rising, if at all. Understandably I do not want to
held to ransom, given approaches to date have been fair and reasonable.

Question is if I cannot reach agreement with my neighbour for this access and works what legal avenues do I have.
I do not believe the authorities will step in, could be wrong but need to understand our options in any case.
Outside of that would I be correct in saying we could apply for an access order?
If so what is the process, how long does this take and what costs are involved?

Any guidance would be appreciated.

 

[Paul Cott]

Hi Karmen,
I would be surprised if either or both authority didnt step in, after all it is their infrastructure that is at issue.
Otherwise it may require an application for an injunction to the supreme court and I wouldnt want to put a price on that, other than to say it would be very expensive!

 

[Karmen]

Hi Paul,

Thanks for your help.
Have you heard of an "easement access order", I understand it can be done by the local courts but trying to find some more detail.