ozzieeagle

I doubt if anyone on here has had to deal with this before but you never know. I would imagine the same situation in certain circumstances could apply to the UK.

I've been trying to claim an Easement, that appears to have been a very old laneway which is on my property title for the past two years. It doesnt have a sewer under it, and once we acquire it we can knock our house down and build two rather decent townhouses x 25 sq on our block.

The process is very complex, and full of unexpected surprises. The easement has been within our title boundary for over 90 years. Our solicitor thought we were just about to acquire the easement when the council piped up and said its a Roadway. Now they want 60,000 bucks for the bloody thing. Something they havent been near for over 90 years apparently. What makes the whole thing worse if it is a roadway and the titles office dispute this, then 5 years ago the before the law change I would have been able to acquire the land as part of my title for zilch. Despite the fact that it's been used at this property since our Victorian Property was probably built.

It's been a long long road, and gawd knows what it's all going to cost even if I fail to get it.

Has anyone been through anything like this before.


Apparently the kind council have said I can turn it back into a Laneway at my expense and to council specifications and use the Laneway frontage to build two properties.... thus reducing the footstamp size by laneway width and giving the general public right of way.

GRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRrr

This is probably all about the major development of Coburg Central which we are basically right in the center of.

NedKelly

Ask this question on the somersoft property forum.

www.somersoft.com

ozzieeagle

Thanks

Geelong Gent

$60k less $450k means the council owe you $390k

$90 years x $5k per year (cost of maintenance and upkeep)

copa

A friend tried to sell his house near Barrington Tops, NSW .. it was discovered that the old house was built in the middle of the road. I don't know how he didn't find this out when he bought the place!

The actual road passes by the front of the house ...

anyway ... local government realised how stupid the whole situation was and, after some seriuos paper work from all parties, agreed to not realign the actual road through their front door and smoothed out issues for all concerned parties..

lol

moneypenny20

If it's a roadway, does it show up on maps and does it go anywhere? If they don't change their minds, I'd certainly be looking at GGs idea. They can't have it both ways

Petals

Adverse possession is hard because you have to prove it and I have seen one successful case in my career. In this case the person had been paying the rates for the property and keeping the land cleared and they could not find the owners.

Another case a friend of mine bought a town house and it turns out it had been built over a neighbouring property but the fenceline had been wrong for a long long time and it was necessary for her to get people who had lived in the area for years and years to give declarations to say that the fence had always been in that place. Its a complex issue.

In your case it may be that the land you are trying to acquire was used to service the toilets before sewerage the night cart would use these easements as a road to remove the sullage. There are a lot of these around Melbourne and its usual for the council to sell them to the property owners.

One always has to check a title when purchasing and make sure that the measurements are in accordance with title.

Seen another case where a house was built with the eaves over the adjoinging vacant block when fences were put up and again complex as had to persuade the other owner to sell part of the land.

Adverse possession needs lots of verification and usually from old folk who live around the area and know the land.

Good luck deep pockets.

ozzieeagle

Thanks all, I had heard about that maintenance idea and its early roads yet. We were right on the last legs of gaining the title when the council came up with this, as our solicitor had it as unknown owner via the titles office.

We've got 3 stat decs from people that have lived in our street, one from someone that has been here 60 years.

It's been a right bugger to deal with, only becomes easy when we put it on the back burner.

Just wait for the paper pushers to finish pushing I guess.

I'd say your spot on with your usage petals.

Petals

A lot of sewerage night cart easements in Melbourne and they still had a night cart here on the Peninsula when we built the house twenty odd years ago. We did not use it of course but our builders toilet was emptied by it. There were still houses using it at that time though.

Beaumaris, Black Rock lot of these type of easements there too.

There is also a lot of old law land around still Williamstown that sort of area where its not at the Titles Office and there is a chain of title which has to be inspected and read very interesting stuff, all handwritten. Expensive conveyancing, the chain is registered at the Director Gen office.