Who pays for services cut in an implied easement?

We live in a 2 unit subdivision in Melbourne. We have lived here 12 years and I believe the two homes were built in the late 70s. We have our own title. We share a water meter and split the cost of the bill. We have our own gas and electricity meters though. We are the back house. We have an inactive although registered owners corporation.

A week ago our front neighbour on the block commenced excavation work to put in a pool. During the work they cut a water pipe. Further investigation has revealed an electricity cable is also there, and both of these supply us with our power and water through their block. This is not common property. The electrician working for them informed us that this was all illegally laid and has commenced investigations with Ausnet about moving our amenities.

I started making calls to anyone I could think of to understand how our pipes came to be laid in their yard and whether we had any recourse in seeking compensation. After speaking to a lawyer we were told that this situation is not illegal and that our amenities are in an ‘implied easement’.

The moving of these amenities is looking to be a large undertaking and will cost many tens of thousands of dollars. We feel we should not be forced to pay for something that has been there for over 40 years and has not caused a problem until they dug it up. I would really like to solve this amicably and not have to involve lawyers.

Can anyone shed some light on where we might stand?

• This topic was modified 1 year, 4 months ago by .