A neighbour has requested easement on our land

[MacG]

Hi,

Our next neighbour who is subdividing his land in to 2 title, has asked us to get an easement on our land. The Auckland council will not grant them a resource consent unless they create a rain garden for their storm water runoff. Unfortunately this will need to be build on the corner of our land which will then connect to the natural water course at the bottom of our property. This will disperse the water flow from their storm water runoff on our property.

We don't want to be horrible neighbours and say no - though these neighbours have never actually live on the property and may just be property developer. We don't see any benefits from granting this request. What affect will this have on our property? Has anyone had this situation before? Any advice will be greatly appreciated.

Thanks,

[HattrickNZ]

How big is ur section?
Will the easement go on ur property title? This may not be good for future buyers of ur property.
Have they suggested to compensate you for the works?
How will it affect your property after aesthetically?
How much inconvenience is it to u?
No harm in saying no if you have good reason.

[Bob Kane]

Hi,

We don't want to be horrible neighbours and say no - though these neighbours have never actually live on the property and may just be property developer. We don't see any benefits from granting this request. What affect will this have on our property? Has anyone had this situation before? Any advice will be greatly appreciated.

Thanks,

A nice neighbour wouldn't ask for an easement.
Just say no and see what happens.
Then say no again.
I bet there's an alternative way which doesn't need an easement - let them take that option.

[jimO]

tell them to.....

[speights boy]

We don't want to be horrible neighbours and say no - though these neighbours have never actually live on the property and may just be property developer. We don't see any benefits from granting this request.

You are not being horrible if you say no.
You are simply trying to preserve your own quality of life by not wanting an extra house next door to you.

Have a think in your own minds as to possible risks and rewards if you say yes.
If you prefer the status quo...just say No.

[donna]

Are they offering to do a lot of really nice planting? If so get them to show you the design - maybe you can get them to pay for some more landscaping - anything that would improve your property.

We allowed the council to put a storm water pipe under our driveway on a rental property as they sold it to us with landscaping, new fence, driveway, shed, carport. The job done was superb, we get more rental income and the property value increased too.

cheers,

Donna

[drelly]

How about selling it to them if it's of no value to you?

[speights boy]

How about selling it to them if it's of no value to you?

It would have value if they would prefer not to have another house next door to them.

[Gladdynook]

Unless they give you big $$$ I'd say no. As you say they are likely to simply sell the house anyway. Even if they don't they are getting another house on the site and therefore it is worth something to them. Easements go onto the title so are fairly permanent. One exception is when they go to change the current building at a later date, you can normally request your land back then. But for a new house being built, that's a long way away.

[PTILoveYou]

check with council property planner if this easement will affect future development potential for your property.

Even if there are no adverse consequences, always say no, and let them make you a $ offer first.

I say the easement is worth at least 30k to them.

[PTWhatAGreatForum]

Don't get too greedy. They are your neighbors and there may come a day when you want to do something requiring resource consent. Like putting up a garage...

[Wayne]

Don't get too greedy. They are your neighbors and there may come a day when you want to do something requiring resource consent. Like putting up a garage...

Or they may just be developers looking for what they can get.

[RollingCloud]

An easement over your land is always worth something. Council planning requirements may limit what you can do near an easement. For example you would not be able to build over or within so many metres of a wastewater (sewerage) easement. But yes get then get them to pay. They should draw up an agreement by their solicitor for the terms. Things like they will pay you a consideration for granting them an easement, the survey and installation costs, etc. What happens if they decide part way not to proceed, when you get paid the money, a deposit at least that is not refundable. Not a handshake deal. You can always get a valuer to decide what the easement is worth (get the neighbour to pay for the valuation) as it is an interest in your land that will be stuck on your title (detriment to you, advantage to them).

[Keys]

Anyone heard of a ground anchor easement?

[donna]

A ground anchor is a metal bar that is inserted into a pre-drilled hole in the sloping land and isthen encased in cement grout which, as it hardens, fixes the ground anchor in place. Theprotruding end is affixed into the retaining wall. The ground anchors are approximately 8 - 9 mmin diameter, are approximately 1 - 1.5m apart and are up to 5m deep.

from a treasury doc. on building retaining walls in Christchurch (2013)

cheers,

Donna