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For example, building a fence along a drainage easement may catch debris or prevent the flow of water, and will likely be prohibited. Other easements may prevent the owner from building an addition onto their home, planting gardens or trees, or adding a pool or hot tub.
Easements are agreements regarding certain property rights that landowners can sell or donate to other parties. Easements may remain with the property in perpetuity or may be a right that is extinguished at some future time.
Occasionally when buying a house, the home buyer may discover that the property has an easement. A property easement is a legal situation in which the title to a specific piece of land remains with the landowner, but another individual or entity is given the right to use that land for a distinct purpose.
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.
A permit is needed for nearly any activity in or directly affecting the highway right-of-way, including (but not necessarily limited to) creation or modification of a driveway, repaving a portion of a driveway within the right-of-way, placement of structures, placement or grading of earthen material, discharge of water ...
The property owner (public or private) is responsible for maintaining any open drainage easement included on that property.
A drainage easement is a legal encumbrance on the title of a property to provide Council with the authority to carry out whatever works are required on drainage infrastructure within the easement.
Negligent maintenance is another issue. The servient estate owner is typically responsible for maintaining the easement, and when this duty is neglected, it can result in disputes. Poorly maintained easements can affect property values and functionality.