Can you build over an easement Victoria?
If you intend to build over an easement, you must first obtain consent from any service authorities who have rights to your easement and then obtain a building permit for the project. An easement is an area of land, or part of an allotment, reserved by law for a specific purpose, which may include: drainage pipelines.
Can you build over a sewer easement Victoria?
If you are the property owner with an easement or a Council drain on your property, and you are planning to build over or near that easement or drain, you will require consent before doing so. To receive consent, a building over easement application is required to be filled out in order for the proposal to be assessed.
How close to an easement can you build a pool?
Typically, one cannot build on an easement. That includes not just the pool but any decking or retaining walls included in your project plan. Some municipalities will grant a waiver to build on an easement, depending on what type of easement is included. Even with a waiver, building on an easement is not without risk.
What is an easement in Victoria?
An easement is a right held by someone to use land belonging to someone else for a specific purpose. Common examples of easements are drainage, sewerage and carriageway easements.
Can you put a shed over an easement?
Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes “substantial” or “material” interference.
Can you build over a right of way?
Generally, you can build on easements as long as the building doesn’t interfere with the purpose of the easement. You may need to seek permission before building or even digging in a utility easement, though, so be sure you check with any interested parties to avoid any issues.
Can you build a garden bed over an easement?
Yes. But only if you are building a structure, e.g. a retaining wall or a garden bed (greater than 300mm high) or placing a fill/site cut greater than 300mm over an easement.
Can you build a deck over an easement?
Can my Neighbour block my right of way?
If you believe you are entitled to use a right of way which has been obstructed, you can take legal action against your neighbour provided the interference is substantial. If you believe someone is accessing your land without the right to do so then there is a crossover between rights of way and trespass.
What is the difference between a right of way and a right of access?
A public right of way, however, can only be a right of access. Another distinction is that a right of way has to be a specified route or path which is defined as leading in a line from point A to point B. Both points A and B must be public places (such as other public roads or pathways).
How do I find easements on my property Victoria?
To locate registered easements on your property, order a copy of the land title from Landata. In most cases, the land title includes an Easements Information section that lists: the purpose of the easement, for example drainage or sewerage.
Does Yarra Valley water have any infrastructure within my property?
Before making improvements or changes in your yard, it is important to know if Yarra Valley Water has any infrastructure or easements within your property. Many things, such as sheds and pools, cannot be placed over sewer mains or other Yarra Valley Water pipes, so it is important that you know where they are located.
What is Section 148 of the Yarra Valley Water Act?
Section 148 of the Water Act 1989, states that a property owner requires consent from Yarra Valley Water before building a structure or placing soil, rock or other matter over land containing Yarra Valley Water sewer infrastructure (such as a sewer pipe, manhole, inspection shaft or another access point) or land containing an easement.
How do I apply for a build over easement?
Before you start work, you need to get your plans approved by Yarra Valley Water. To do this, submit a Build Over Easement application online. You will need to include a full set of site plans, including elevation plans and structural plans if applicable, with your application.