Implied Easement on our block, further delays and more frustration (grrrr)

28 07 2012

Yesterday we were informed by our Customer Service Manager, Nick via email that the council has rejected the Metricon proposal to move the retaining wall to deal with the underwater pipe that is on our block.

Since end of May/early June,  Metricon have worked on a revised engineering plan and on Wednesday they met with the council – we were hopeful of a positive outcome but that was dashed yesterday.

We would have liked to speak to Nick about the outcome and options moving forward yesterday (we were dissapointed we didn’t get a phone call with the news in person).  From the email the council stated:

Based on my calculations from all the drawings the placement of the retaining wall will impact on the existing Council asset.

I have also confirmed that the location of the dwelling cannot be moved further south which also makes things more difficult.

As we have previously discussed there is no easement on the property, however implied easements rights now come into place in this situation.

The issue with the pipe has been very frustrating on a number of fronts.  The council didn’t provide any notice of the pipe to Metricon when the builder originally requested the documentation.  As a result the plans and design were based on information of not having the pipe.  It has also been very frustating to take so long to produce the revised engineering plans.

The problem of the pipe and implied easement is the principle issue which to an extent is out of our control, the second issue, which is more in our (or Metricon’s) control is the process of how it has being resolved and how long it has taken.  We will now go through the weekend very irritated and sad that our dream home is nowhere near starting.  The whole process is very draining (pardon the pun).

By the numbers, as of today it has been:

  • 271 days (9 months) since we signed to commence the preliminary works with Metricon.
  • 128 days (4 months) since we signed the final contract with Metricon.
  • 72 days (10 weeks) since stopping site scrape works.
  • 46 days for Metricon to produce the revised retaining wall engineering plans.
  • 2 days for the council to reject the revised retaining wall engineering plans.
  • Countless days of dissapointment and frustration with the process of resolving the issue.

C&K

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One response

29 07 2012
Brad

Wish we had the room to build the Nolan 45, we had to settle for the 41 and move the garage into the entry. Hope your easement issues get resolved, I don’t know if there is a more terrifying word for a home owner. We needed easement refusals from every neighbour in our backyard and that was painful enough.

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