Private Access Easement For Drainage
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How to fill out Private Access Easement For Drainage?
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FAQ
Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.
A drainage easement is designed to isolate a parcel of land for the purpose of collecting and transporting water from the surrounding neighborhood streets through a designated drainage infrastructure.
In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.
Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.
You will need to design any new building so it is not built over, or closer than one metre either side, of a Council drain. Phone us on 941 8999 or email us at info@ccc.govt.nz and we'll send you the information we have about drains on your property.
