View Full Version : Council Easement Advice
mosiac01
10-01-2010, 10:00 PM
Hi Everyone, I have a contract on a property at the moment and the search has showed up a Council water easement that wasn't disclosed. Just wanted to get some opinions before deciding whether to go ahead with the sale or not. The property is 5.5 acres and the easement runs through the bottom section of it but takes up half an acre in total according to the property plan. The nuts and bolts of it is that Council can access 24/7 and I would be limited to changes, building etc in the affected area. Pretty standard from what I can gather. My concern is mainly re-sale or other problems I haven't thought of. I would really appreciate any thoughts or advice you may be able to give.
jbocker
24-01-2010, 10:57 AM
Hi Mosaic
Is the easement for subsurface pipeling or other infrastructure? If that were the case the Water Authority in your state would be a place to enquire on restrictions. Is the water easement for a water course, creek, winter creek, swamp? Being a council easement, it may be for access so that they can clean up, firebreaks, weed or flood control - I dont know. Best just to ask the council.
Being on 5.5 acres you should have plenty of room elsewhere I guess. Is the property special rural? Special rural from my (limited) knowledge will have restrictions on building and development envelopes anyway. Some areas are subject to flooding and the council should hopefully supply reports on the likelyhood.
In all you will probably find that it will be pretty standard stuff.
Please post your findings.
Cheers
jb
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