Within metropolitan Melbourne the rules largely prohibit the construction of any permanent or habitable structures over a sewer and water mains or within a 600mm horizontal distance of a mains connection. Eaves are typically allowed to encroach an easement by a maximum of 600mm.
Can you build close to an easement?
Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
Can you build on an easement in 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 a shed over an easement in 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.
How wide is an easement in Victoria?
We generally require an easement width of at least six metres, which includes a 1.5 metre minimum lateral clearance from the outside edge of the drain on both sides. The six metre width is required to enable machinery to access the drain and perform maintenance, duplication, reinstatement or replacement works.
How close to an easement can you build a pool?
So, a pool deck cannot go on an easement, but it can be adjacent to one in most cases. Usually, there are no distance requirements for an easement, but you should always check with your municipality’s building inspector.
How close to my property line can I build?
The exact amount a building needs to be set back from the property line will vary from one location to another. However, the required setback on the side is typically between 5 – 10 feet, while the front and back require around 10 – 20 feet at a minimum.
Can you build over easement Melbourne?
If you’re planning to build over or near any of our easements or underground assets you’ll need to get our consent before starting any work. We generally don’t allow structures to be built over our assets, including sewers, drains, water mains and any other underground assets.
What is easement in land 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. Page last updated: 25/11/20.
Can you plant trees on an easement Victoria?
Planting specifications
When planting trees or shrubs in a sewer or water easement ensure you allow one (1) metre plant-free zone over the centre line allowing Power and Water free access to the water or sewer main line for repairs and maintenance.
Can you build a fence next to a drainage easement?
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
Can I build a garden shed on an easement?
Normally an easement will not prevent you from building over or under it. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it.
How do I find easements on my property in Victoria?
Find registered easements
Order a copy of your land title from the Landata website . If there are registered easements on your property, the land title will have an ‘easements information’ section that lists: the purpose of the easement, for example drainage or sewerage.
What are the essential requirements of an easement in Victoria?
What are the key elements of a private easement?
- There must be a dominant and servient tenement;
- the easement must accommodate the dominant tenement;
- the owners of the dominant and servient tenements must be different from each other; and.
- the right or claim must be capable of being the subject matter of a grant.
Can you fence around an easement?
While it’s possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
How do I remove an easement from my title in Victoria?
Easement can be extinguished at common law if the same owner acquires both possession of, and title to, the dominant and servient estates. Easements can be removed under section 32 of the Subdivision Act 1988 (Vic) by a registered plan in accordance with a planning scheme or a permit.
Can you build a pool right next to your house?
According to national standards for pool locations, a swimming pool, whether it’s a lap pool or infinity pool, should be at least 10 feet away from the exterior walls of a house. As mentioned above, there are practical reasons you’ll want to make sure your pool is an acceptable distance from your home.
What is the minimum distance between a pool and a boundary fence that is a pool barrier?
1.2m
Swimming Pool Checklist
13. Anything permanent outside the pool area that is able to be climbed on is at least 1.2m away from the fence.
Can I put a gate across a right of way?
The legal test in the case of alleged obstructions, put simply, is: “can the right of way be substantially and practically exercised as conveniently as before?” The answer in most cases is that a single unlocked gate will not normally be held to be a substantial interference.
Can you build right up to your boundary line?
Can I build up to or over the boundary line? Yes. The Party Wall Act permits you to build up to or astride the line of junction/boundary with your neighbour, but the correct notices must be served and the correct process followed.
What is the 7 year boundary rule?
The Seven Year Rule
So this is different from the so called ‘Seven year rule’ which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can’t serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.