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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice.
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A Victorian 9" sewer runs on my land 2.0m from the boundary

Customer Question

A Victorian 9" sewer runs on my land 2.0m from the boundary fence, a developer has bought the property next door to build 16 flats and wants access to the sewer, can I charge him or can he force an "easement" on me?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
If this is a sewer which is shared with any other property then it is now adopted by the Utility Provider and you cannot deny access to it.
However you are entitled to compensation for any damage caused in that access.
If however it only serves your property you can charge him what you like because it is your responsibility.
If he does connect into it, then the sewer will need to be adopted from that connection into the system and the utility company will need to confirm that the parts from where he is going to join and from there into the system, is of adoptable standard.
If the sewer exclusively serves your property, he cannot enforce anything and he will have to make other arrangements.
Can I clarify anything for you?
Jo
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
What does compensation for damaged caused mean?
How accessible do I have to make access?
At the moment I have a yard storage area located with agricultural implements, a tractor, and log pile that would all need moving and a fence to remove replace, how do you evaluate compensation?
Customer: replied 2 years ago.
If they get an easement as it is a shared sewer, do I have give them access?

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