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.
Hi @Philip C
- 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!
- There are two (2) types of water drainage easements which are typically owned by councils/LGAs, that is:
- Easement to drain water - Schedule 4A Part 3
- Easement for drainage of water - Schedule 4A Part 7
- Both water drainage easement types allow Council/LGA to access and perform any necessary repair works, etc.
- Section 59A of the Local Government Act 1993 (NSW) also allows councils/LGAs to maintain, repair, etc. stormwater drainage.
- 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.
Reviving this thread because I’m curious if you managed to get any resolution with the council, Philip. If not, you might consider bringing up the potential hazard posed by the trees to others in your area as added leverage. I've heard that sometimes alerting neighbors can strengthen your case with local authorities. How’s it going now?
I recommend getting an arborist report to strengthen your case with the council. I've used this service before, and it's great for understanding tree health and complying with regulations. Including this report could backup your request by showing the potential risks the trees pose. Once you have it, document the situation with photos and send them along with a formal request to the council.