NSW Council Easement - Dead and Dying Tree Removal Responsibility?

[Philip C]

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 the trees could fall onto our electrical and telephone lies and also could block the only access / egress into the property.

 

[John R]

Hi @Philip C - which state/territory are you in? Easement laws can vary wildly.

 

[Philip C]

Good evening John,
I am in NSW

 

[John R]

Hi @Philip C

1. I assume that the easement on your property's title is section 88A easement aka "easement in gross" for a water drainage easement under the Conveyancing Act 1919 (NSW). You should check this first!
2. There are two (2) types of water drainage easements which are typically owned by councils/LGAs, that is:
   1. Easement to drain water - Schedule 4A Part 3
   2. Easement for drainage of water - Schedule 4A Part 7
3. Both water drainage easement types allow Council/LGA to access and perform any necessary repair works, etc.
4. Section 59A of the Local Government Act 1993 (NSW) also allows councils/LGAs to maintain, repair, etc. stormwater drainage.
5. If my understanding is correct, you are best to take some photos, set out your concerns in writing/email and request that Council maintains/repairs the dead and dying trees on the easement to avoid any damage to you/your property.

Good luck!