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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.
Property easements in NSW refer to the legal rights granted to individuals or entities allowing them access to or use of another person's property for specific purposes. These easements can include rights-of-way, drainage, or utility access, and they are governed by specific laws and regulations in New South Wales.
Like all traditional easements, implied easements were legal proprietary interests in favour of the dominant land which bound the successors in title of the servient land.
What flows down the drain! The effluent that flows through a sewer drain is from your home, whereas stormwater drains direct rainwater that runs from a particular area, or areas, after rain.
It's the government's duty to ensure drainage easement areas are properly maintained. However, they'll direct most of the maintenance responsibilities to the property owner. The easement holder will take charge of any construction and repair work needed in the area.
Within metropolitan Melbourne the rules largely prohibit the construction of any permanent or habitable structures over a sewer and water mains or within a 600mm horizontal distance of a mains connection. Eaves are typically allowed to encroach an easement by a maximum of 600mm.
There are several ways in which easements in Minnesota and North Dakota can be created, which include the following: Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.
To check if you have easements on your property, you can contact NSW Land Registry Services. They will also provide information on the details and types of easements applicable to you. There are generally two categories of easements: positive easements and negative easements.