Easement For Water Drainage
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We protect your documents and personal data by following strict security and privacy standards.
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FAQ
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.
A drainage easement is a right, held by Sydney Water or another land owner, to make use of the land for certain specific drainage purposes such as controlling stormwater runoff and can restrict the use of the burdened property and impose certain obligations on the land owner.
Drainage easements are created to designate areas for the passage of surface water runoff. Individual property owners are responsible for the maintenance of any portion of a recorded drainage easement that is located on their property.
Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.
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.
