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Existing law requires the owner of any easement in the nature of a private right-of-way, or of any land to which such an easement is attached, to maintain the easement in repair, and if the easement is owned by more than one person, requires the costs of repair to be shared by each owner pursuant to the terms of an
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.
The idea of easements is to create provisions on land titles for a range of public works like drainage, electricity supplies, and water supplies. Easement rights are typically owned by public authorities to allow access, maintenance and construction work for these services.
Enforcing your rights under the easement You must not use unreasonable force, cause a breach of peace, or cause any injury to the public. Court action you may file an Application in the Supreme Court of NSW and seek an order from the court for damages, nuisance or an injunction.
Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right. When seeking an injunction it is important that you act quickly.