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  1. A

    QLD Easement for drainage washed out who is responsible for maintenance?

    Hi, We have an drainage/storm water easement (I know there is a man hole just before our block starts) on our property - which the council have told us is the responsibility of us and our neighbour, as it is not on their plans. I have looked on the plans and it clearly shows an easement between...
  2. R

    VIC Neighbour's Rights Over Water Easement On My Land?

    Hi guys! I am wondering if anyone can give me help regarding my rights for an easement on my property - versus the rights of the easement holder? There is a 3m easement along the front of my property for a private waterline for a neighbour. In order to access my property, I have to cross the...
  3. P

    NSW Council Easement - Dead and Dying Tree Removal Responsibility?

    Our local council has a 1.83m easement along one of our boundaries which is used to take storm water from the road to a creek running through our property. The easement now has dead or dying trees along its 100 odd metre length and I wish to know who is responsible for their removal. Some of...
  4. G

    QLD Fencing in front of Easement

    I live in a little "estate" that contains 6 properties. There is only one way into the "estate" and that is through an easement that is attached to my property. Everyone has a driveway off the road. One of my neighbours wanted to put a gate into the estate, but I refused (as did other...
  5. B

    QLD How to enforce an easement

    Thanks for the help in advance. For background I am an ex-solicitor who worked in property but never dealt with this before so looking for some advice on how to enforce an easement in practice. Background: Neighbour and I live on two battleaxe blocks with a shared driveway that splits just...
  6. J

    NSW Undisclosed easement that was never on Title Search

    I have a tricky one that I seem to be unable to find any answers to yet. Recently I've been notified by our council that there is a unidentified storm water easement running under our property that will severely effect our ability to rebuild on our property. It was only identified because our...
  7. Nicholas N Chin

    WA Questions on an Easement Dispute - Help?

    I have questions about an Easement Dispute which I brought before SAT, DC, SCWA, COA and finally the HCA. The issue is: There is no exclusivity principle as decided by the judges because the lawyer preparing the conveyance should have documented it in the title deeds or by a separate covenant...
  8. D

    Right of Carriage Way Easement and Parking

    I am the owner of the first of three properties on a right of carriage way easement in Hobart, Tasmania. The owner of the second property has had a boat on a trailer parked in front of my property for four months. There is no footpath and so the boat is parked against the wall of my property...
  9. S

    VIC Neighbour Wants to Fence Off Easment - Help?

    Hi, we live on a 5 acre block which has an easement that runs along a back fence (we are burdened land). On our plan it says: Easement Ref: E1 Purpose: Power Supply Land Benefited/in Favour of - Powercor Our neighbour (the benefited lot) says they own the easement and wants to put up a fence...
  10. Abuc

    QLD Storm water easement

    Hello, I’m after some advice please, I have a stormwater easement on my property and would like to erect a shade sail over my pool, how close to the easement can I place the pole for the shade sail. Many thanks