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Hi, Our neighbours are refusing to let us have access to the…

Hi, Our neighbours are refusing...

Hi, Our neighbours are refusing to let us have access to the water bore which was originally attached to our property but is now part of theirs. Can they do this as originally there was a handshake agreement between us that we supply the power to pump the water and we use their pump ?

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Answered in 2 minutes by:

12/11/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Good Morning

My name is XXXXX XXXXX I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

When you transferred the land to them was there anything put in writing?

Is this your only water supply?

Has there been a falling out with them over something?

Customer reply replied 9 years ago

The original property was the house , with water tank and bore on 5 acres. the owner could not sell it. someooe offered to buy the 5 acres but not the house. the land was subdivided very badly with the water tank and our sewerage drain and the water bore on the 5 acres. the water tank was supposed to go with the house. it was put on a plan of servey but never registered. our lawyers when we bought the house failed to notice . The neighbours are currently trying to sue the council. They are not the original buyers of the 5 acres and the house that was built on the 5 acres was not built to standard but was signed off by the council. so the neighbours understandably have a bee in their bonnet, but are making it impossible for us to sell our property.They say we can use the water bore to fill their tank,wghich should have been ours. But they will not share the bore or let any buyers of our property use either the tank or bore.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Dee-Anna,

Do you still have the contract your purchased the house with and does it give you rights to the water?

You are going to have to sue for this right. It all hinges on the contract.

Your solicitor has also been negligent in what has happened.

Do you also have the survey you refer to and is the plan of that survey for the re-subdivision designed by all parties and approved?

Customer reply replied 9 years ago

neither deeds. theirs or ours mention the house having access to the tank or the bore. WE do have the plan of survey which has the proposed water tank easement on it. It was a hand shake agreement that we can pump water from the bore to the tank. Nothing in writing. We cannot afford to sue anyone as my husband has a poor paying job. We just want to settle the water issue so we can sell our house. we are thinking of dropping our own bore or putting a tank on our own property and using rain water just to settle everything, but it will mean extending our home loa . Not sure that the bank will let us, it will cost around 10,000 .

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Dee-Anna

You mentioned that there was a survey that was never registered.

When you purchased the home did the contract say anything about your access? I I Understand there was not registered easement.

Customer reply replied 9 years ago

Leon, im very sorry but the online I am using is closing. I wont be able to continue our conversation as I don't have a computer at home. I Will have to check the contract but I am pretty sure it did not. sorry. I have to go.

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Dee-Anna

I look forward to hearing from you.

Customer reply replied 9 years ago

Hello... is this Leon?

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Dee-Anna

Yes it is.

Customer reply replied 9 years ago

I'm Dee-anna's daughter. She recently had a conversation with you and then had to leave the online center where she was accessing a computer and she was worried that her money would be taken out, before she got an answer to her question. If she uses these emails sent to her to contact you when she is next online, will she be able get her answers or will the money just come out? She won't have to pay again will she?

I have a computer and would have continued the discussion with you but I don't live with her and haven't got all the information.

Solicitor: Leon, Solicitor replied 9 years ago

Godo Afternoon

Nice to meet you.

She can continue to chat to me on here.

She has paid her fee for the discussion and when we finish I will send her the rating page and when she rates my work positively the money will move from her account with Justanswer to me.

She will not pay again if she continues with this post.

I hope this makes it clearer.

Customer reply replied 9 years ago

Okay... I'll let her know. I'm not sure when she'll be at the online next, (possibly tomorrow), but as long as she replies via these posts, she will be able to continue this discussion, is that correct?

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon

That is ok, yes she can continue as you did today.

I will be here.

Have a good one.

Customer reply replied 9 years ago

Thanks...

Solicitor: Leon, Solicitor replied 9 years ago

You are welcome

Customer reply replied 9 years ago

Hi Leon, Sorry i couldnt get back to you sooner. I am at an online that stays open longer now lol. Dee-Anna

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Dee-Anna

That is ok

Customer reply replied 9 years ago

My husband and i checked with all we could about the easement for the water tank. but all were surprised that it all hadn't been registered. there must have been a slacking off at the lands titles office lol.There is apparently nothing we can do about it as the neighbours will not agree to compromise one little bit .

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Dee-Anna

Was it lodged for registration at the land titles office?

Was it all signed off at the time?

Customer reply replied 9 years ago

Yes it was.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning

Is it still with them and do you have the lodgement number?

Customer reply replied 9 years ago

We have a copy of it, stamped and signed. As im not home i cant check, but i assume it does have a number lol . It has all the rest. i will have to check though.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Dee-Anne

Check and see if there is a lodgement number with the land titles office.

If it has been lodged they can register it.

It was approved by all parties and council and you have an easement.

Under the law it is there.

The following link explains the law of easements in Tasmania and you should read pages 5 and 6

items 1.4, 1.5 and 16.

http://www.utas.edu.au/__data/assets/pdf_file/0011/283835/EasementsFinalReportA4.pdf

Because it has been lodged for registration you can enforce it and I would put pressure on the Lands Titles Office to finish the registration process.

I am not sure if you had a solicitor acting on this, but if you did you should get him or her to get on the phone and finalise the registration.

You can rely on this if the neighbours take you to court.

You have an easement either registered or implied under common law.

You have very strong position

I hope this all makes sense?

Customer reply replied 9 years ago

Yes, it does, thank you. We use the water bore on their property to fill the tank, can they legally stop us using it as the water bore people we rang (when we were considering putting in our own bore) said that they can't legally stop our access to the water from their bore.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Dee-Anna

They can't and the easement I would think would say it was for the access to the bore and your use of the water.

I believe that is all covered in the easement that was registered and you need to look at it.

I think you have a strong case here.

I hope this all makes sense?

Customer reply replied 9 years ago

THank you Leon. i will look into it.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Dee-Anna

I wish you the best of luck.

Read the document I sent you in the link and it will assist you further if this has to go to court.

Have a Great Christmas if I do not hear form you before then.

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,712

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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