Current Page

[Strata Plan of 4 by the beach]

A solicitor has informed our managing agent that an easement is required for a bathroom renovation where the sewerage pipes go through someone else’s lot (albeit only the garage, not the residence).

I am trying to find out (with little success) what the purpose of this is when the by-law addresses the owner of the renovation being responsible for any damage in the event of a leak etc.

I understand this provides the owner of the renovation the right to maintain these pipes and to gain entry/access to them if/when required but I want to understand the benefit of this to the owner of the garage that is ‘burdened’ by these pipes belonging to another lot owner.  I get that it addresses the same issue in the by-law about responsibility for repairs but why double up?

Any ideas please?  If so, any other information would be appreciated regarding what is involved in the process to have this easement created then registered on each lot’s title.  Apparently permission from the institution the mortgage is with is required.

Topic

[Jimmy-T]

Is it through the lot or through the ground under the lot?

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Quote

[Strata Plan of 4 by the beach]

The unit the renovation is in is above the garage of another lot.

There are currently 2 sewerage pipes (1 large & 1 small) coming through the floor of the unit above into the ceiling and airspace of the garage of the lot below (no documentation exists about this).

In the renovation, these 2 existing pipes are to be removed and replaced with 6 medium size pipes were installed as an additional bathroom is being created.

Quote

[Jimmy-T]

The by-law is intended to establish responsibility for new installations with regard to changes to common property.  While you could include wording that aims to cover responsibility for the pipe work in your neighbours garage, I can see why their lawyer would want an easement, just to make everything legally watertight (no pun intended). 

If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.

Quote

[Strata Plan of 4 by the beach]

Many thanks Jimmy.

Quote

[Author]

Replies