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What does an easement require the property owner to do? Under District law, the owner of a property protected by an easement registered with the District must obtain written consent from the easement holder before a subdivision or permit for work on the property can be issued.
Councils have a responsibility to carry out stormwater management activities within their local area, including managing stormwater runoff from: public land (eg parks and roads); private land eligible to be levied the charge (eg private residential properties and commercial/industrial premises); and.
A Right of Footway authorises a specific person or persons (by naming their title as benefiting) to use portion of another title for footway purposes, NOT the general public. Any "Right" is an Easement. See Easement, Transfer of for how easements and therefore Rights are created.
In Victoria, private easements can be expressly created by grant or reservation: Creating an easement by 'grant' means that the servient owner grants the dominant owner an easement over his or her land for the benefit of the dominant land.
The Easement enshrines the rights of the land owner to enter the adjoining land as required for the purpose of draining the stormwater. However it often happens that the owner of the neighbouring does not agree for the land owner to lay drainage pipes across the neighbouring land.
An easement may have been created in cases where it was 'implied' in an Old System conveyance or deed. For example, an 'easement of necessity' will be implied against the vendor where he or she retains the surrounding land and the easement is absolutely necessary for the practical use of the dominant tenement.
You find two classes of easements, the positive easement and the negative. A positive easement will allow another party to enter the land owner's property. If an easement is not in place, this would be trespass. A negative easement stops a person from doing something that they would usually do on their property.