Hello, I’m working on a boundary adjustment for an investment property which requires an easement for sewerage. Where I’ve come stuck is with the wording of the easement: I think the easement should be specifically on the exisiting line of pipes and stormwater pits. However, our neighbour thinks it should be on the entire land that I will be acquiring (2.44 metres in width). I have sought advice from my solicitor and from the surveyor – but neither of them consider themselves experts in this area. So my question – what sort of expert can offer me good advice on the wording of an easement? My solicitor says surveyors should advise, and my surveyor says the opposite. II don’t want to give my neighbour any rights above what he is required.
thankyou
Sack them both as they are both meant to be capable of drafting an easement burdening one property and benefitting the other. Usually the surveyor drafts the clause & the lawyer checks it for compliance. In this case I'd say that neither of them are adequately experienced in this part of land law.
An easement for sewerage is normally 2-3 m so that if there is a problem people can get in and fix it. It's in your interest too that they can have reasonable access so that if there is a problem it can be fixed easily. For practical purposes your Council wouldn't let you build on top of it normally. they only have access for the purpose of the sewer not for having picnics or using it as a path
In NSW there is a standard easement unless the parties change it:
http://www.austlii.edu.au/au/legis/nsw/consol_act/ca1919141/sch8.html
Part 4 – Easement to drain sewage
Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by that person, from time to time and at all times by means of pipes to drain sewage and other waste material and fluid in any quantities across and through the land herein indicated as the servient tenement, together with the right to use, for the purposes of the easement, any line of pipes already laid within the servient tenement for the purpose of draining sewage or any pipe or pipes in replacement or in substitution therefor and where no such line of pipes exists, to lay, place and maintain a line of pipes of sufficient internal diameter beneath or upon the surface of the servient tenement, and together with the right for the grantee and every person authorised by the grantee, with any tools, implements, or machinery, necessary for the purpose, to enter upon the servient tenement and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, or renewing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the servient tenement to such extent as may be necessary provided that the grantee and the persons authorised by the grantee will take all reasonable precautions to ensure as little disturbance as possible to the surface of the servient tenement and will restore that surface as nearly as practicable to its original condition.
I would go and get this sorted initially with the council planning officer and often they also have inhouse draingae/ water engineers that may be able to suggest the best option, or I would get a property barrister and they should sort it very quickly- but may cost you approx $1000 for their time and documents and interpretations. Thanks Kylie
Where are you anyway – State/ Area so I can see if I have any property specialists there to assist – as I do property development, advise, renos, subdivisions mainly in Qld/ NSW so not sure what state your in?Thankyou both for your comments. Sydney Water have a sample easement on their website and it is titled “easement for sewage purposes over existing line of pipes” but of course it has to allow for maintenance and repair as outlined in the Conveyancing Act above. As we have had legal problems with our neighbours previously, I need to be specific in the wording. Currently I’m attempting to get the views of Sydney Water through a water-service coordinator, and if that fails, a second opinion from a solicitor or surveyor. Hopefully I can find someone who knows their business.
thanks businessglobal – I am in NSW
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