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  • Posted by trav on April 17, 2023 at 10:05 am

    Hi all,

    I’m in the process of trying to reach a fair and equitable outcome between myself and SEQ. They have easements and services running thru my property, of which I get no benefit as I’m on tank water, and now they want to add more infrastructure whilst offering no compensation for further loss of land. The deed agreement is all weighted in their favour, and with mention of a licence fee in the deed access, they have put nill.

    I don’t want to be greedy, but feel this is not a fair and equitable outcome for my family.

    Even when the government compulsory acquires land they offer compensation. It is necessary infrastructure and I won’t oppose it going in as it is for the benefit of the community, however I believe fair compensation should be made

    Any suggestions on what to counter offer would be appreciated

    trav replied 10 months, 2 weeks ago 3 Members · 13 Replies
  • 13 Replies
  • chuggles

    Member
    April 17, 2023 at 12:47 pm

    Hello Trav.

    Just to clarify are they wanting you to sign a fresh deed of are you referring to one that is already signed?

    • trav

      Member
      April 17, 2023 at 1:19 pm

      Gday mate they want me to sign a fresh deed

      • chuggles

        Member
        April 17, 2023 at 1:39 pm

        Great. That puts you in a stronger position.

        As to what value should be applied I’m not really sure. Your suggestion of $500 per year is probably too low as a starting point because you will almost certainly have to move during a negotiation. If you’re happy to end up at $500 perhaps start at $2k.

        As a reference a phone tower attracts from $20k to $50k in common circumstances. I was on the board of a group that had a phone tower on a property in Melbourne and for years we received $40k or so. A few years ago we were obliged to accept half that in order to guarantee the ongoing use of the tower.

        I’d also have a poke around the ‘legislation’ or ‘regulations’ that they are bound by and see what that says regarding paying compensation. It won’t give you a sum however it might say they are required to pay compensation (if requested). If so it’ll be a good Ace up your sleeve. Remember they are bound by statute whereas you are not.

        • trav

          Member
          April 17, 2023 at 2:06 pm

          That’s awesome thanks bud I’ll look into their rules regarding compo. They have now even offered $1000 for legal fees to better understand the contract, which indicates to me their offer of $0 licence fees is a bit of a try on

          • chuggles

            Member
            April 17, 2023 at 2:12 pm

            Interesting they would offer money for you to get legal advice. On one hand it is good but on the other it sound a bit fishy. Accepting such money could be a tricky trap.

            I know if someone has an insurance policy for their house, and a big fire sweeps through such that the government comes in and gives some compensation to victims, the act of accepting that small amount of government money effectively rescinds the insurance contract.

            Have you read and understood the deed they sent?

            If so then consider your options and proceed. If not then it is probably best to get advice on the matter.

            BTW if I were them I’d rather pay you a lump sum and be done with you rather than a smaller sum each year. Worth considering.

            Someone needed a drainage easement over another property I know of in Melbourne and they paid a $20k one time fee.

            • trav

              Member
              April 17, 2023 at 2:19 pm

              Sound advice. I think a counter offer that gets it sorted without legal input is a best case. I may cross out some points on the contract I don’t comprehend/ agree with and send it back for consideration with maybe $1k licence fee per year for the next 10 years?

  • morag-janet-of-the-hill-family

    Member
    April 17, 2023 at 1:25 pm
    • trav

      Member
      April 17, 2023 at 1:33 pm

      Hi Morag, I watched the webinar mark did on this in July ‘21. I guess what I’m trying to gage is what would be a reasonable request for compensation to have these services run thru my property of which I get no use of. Also it restricts how I can use the property and where I can make further improvements.

      I was thinking maybe a $500/ year rate that would allow them access to the infrastructure?

      • morag-janet-of-the-hill-family

        Member
        April 17, 2023 at 2:06 pm

        The rate you set is up to you. Do we ask lawyers why they set the fees they do? No we just pay it. It is your land and whatever you deem reasonable is up to you. Why not go high so you have negotiating room. The sky is the limit.

        • trav

          Member
          April 17, 2023 at 2:09 pm

          Good point. I’m always cognisant of what mark says about being fair and reasonable, and remaining in honour if it does go to court. The legislation regarding easements is heavily weighted in the utilities favour, but they still have to operate under the rules of equity.

          • morag-janet-of-the-hill-family

            Member
            April 17, 2023 at 2:20 pm

            Excellent and think about how much they make in profit each year. Research what others have received so you have an idea of what is usual. If you can’t find anything then it is up to you to decide what it is worth. Don’t be shy to ask for what you need after all won’t it be there permanently and are they afraid to ask for more when it comes to what we have to pay them? Are you going to allow them to demand access to your property whenever they need it or will you make sure that is always negotiable as well. Really think about it because whatever you agree to they will never offer you more so you could be stuck with something you are not happy with if you don’t go in strong and confident. So watch the webinars you haven’t seen yet. You’ll get lots of ideas from them.

            • morag-janet-of-the-hill-family

              Member
              April 17, 2023 at 2:33 pm

              I’ve posted two more webinars up above that you may not have seen yet.

            • trav

              Member
              April 17, 2023 at 2:53 pm

              That is very sound reasoning Morag. I will take this all into consideration. Thanks very much for taking the time to share your insights