NSW Undisclosed easement that was never on Title Search

[Jimmy10]

I have a tricky one that I seem to be unable to find any answers to yet. Recently I've been notified by our council that there is a unidentified storm water easement running under our property that will severely effect our ability to rebuild on our property. It was only identified because our neighbours driveway was sinking and they thought it was the roots from the council tree, when council investigated they identified this pipe that cuts through and under there house and at 45 degrees through ours basically rendering the property useless.

When we bought the property it had a very run down house that had its foundations destroyed by the council tree already (Moreton Bay Fig) on it but had already receive council approval to build a new home that would of gone over this easement. This will also severely effect the value of the property, but I don't think I would have any recourse to sue my lawyer as there would of been no way of knowing that this easement was there.

Have I got an legal stand whereby I can get the council to re-direct the easement or sue them for not disclosing the easement on their title deeds?

 

[Rob Legat - SBPL]

Unregistered easements happens, and generally you’re bound by them as owner of the property. It sounds like the Council was even unaware of it if they approved a structure to be built over it - that’s usually a complete no go.

I’d approach the Council and see what can done to rectify the issue. You may need to work collaboratively to avoid a protracted, costly fight.

 

[Jimmy10]

Unregistered easements happens, and generally you’re bound by them as owner of the property. It sounds like the Council was even unaware of it if they approved a structure to be built over it - that’s usually a complete no go.

I’d approach the Council and see what can done to rectify the issue. You may need to work collaboratively to avoid a protracted, costly fight.

Thanks Rob, I called them yesterday and first the gentleman was trying to mention that this just happens and you are just unfortunate but then when I mentioned that they didn’t know about it and had already put an approved DA to build over it he changed his tune and wants me to send all my information through to his boss. I’ll get my next door neighbour to do the same as the pipe runs directly under his house and he also had a DA approved extension done in the past. I’ll keep you posted on the outcome.

 

[Rod]

Maybe suggest - council mistake - council fix by re-routing the pipe.

 

[Jimmy10]

OK some updates on this. I approached council when approach were completely unreasonable and wanted me to dig around it, take CCTV imagery of it, then concrete it in and then want me to register it as a easement and not allow me to ever build over it, making the land completely useless. How that makes any sense to anyone who is anyone's guess. I did seek legal assistance and the title is actually eligible for CDC (thankfully). I have now gone to a builder and a private certifier has approve the homebuild. Anyone come accross this situation before?