[wildbear]

Thanks to both of you for your valuable insight.

 

1.  The by-law says all maintenance is my responsibility and I have no issue with that.

2. The crux of the issue is whether I need to obtain an easement. I do understand that consent can be revoked, but the neighbour whose property the 2.8 Metre gas line traverses through on their brick wall is very co-operative. It seems another person is trying to throw continual road blocks in my way about all manner of issues. As I said, my lawyer says consent is all that’s needed but it could be somewhat tenuous down track with a change in ownership. He said get the service connected and then deal with easement issues (if any) later.

Any advice appreciated.

Mediation is on 01 May

[wildbear]

Thanks again Whale

 

Just in relation to the issue of the gas pipe becoming common property (as you mentioned) once attached (and I maintain it), could you please refer me to any case law or legislation or government publications that confirms this. I just want to have all my ducks in a row when I proceed into mediation.

As a note, I signed a consent form to have the by-law for the gas connection drawn up.  That by-law was subsequently drafted and registered. It simply comes down to a vote and a great deal of common sense.

 

Regards

WB

[wildbear]

Thanks Whale

Some great advice there.

The gas pipe in the neighbours courtyard is about 600mm off the ground and runs horizontally for 2.9 metres. So no access issues there. The neighbour is very friendly and can’t see what all the fuss is about. There are a couple of people on the EC that are blocking this. 

As mentioned, the by-law says that the installation can’t encroach on another persons lot.  This is what the EC are hanging their hat on. My lawyers advice says that is not correct if consent has been obtained which, it has. He said consent is like having a licence of sorts.  Of course she can revoke consent at any time but that is unlikely. It seems the EC are trying to act upon her behalf and this is causing a fair degree of angst.

I am responsible for the cost of installation and any further maintenance issues as stated in the by-law. I have made the EC fully aware that I will abide by this provision.

Its interesting your approach to the easement issue as the EC keep saying I need an easement to place the pipe on the wall. I wasn’t thinking along your lines where that easement applies to the ground area beneath the pipe which is in my neighbours lot.  Either way, we’re only talking about a 20mm round copper pipe, attached to a common brick external wall.

Again, thank you and any more advice always welcome.

[Author]

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