QLD easement on selling water

[june whitney]

I am in a Body Corp which has an easement over and road and water. Created by the developer which of course exculled themself from body corp hence the easement. The easement over the road i can understand but the part that they can take water from our water supply (council water) which we get charged for not them.
(to draw water &om any town water supply existing within or to be laid in, over or under tbe Servient Teaernent for ahe use and
enjoy,nrent of the Dominant Tenemeat, provided always that the Crantee shall be required to:-
(a) irxtall a waier meter or meters ou the Dominant Tenemeil;
(b) pay for any water consumed by the Grantee to the Grantor or otlrerwise any ofier entity claiming ownership in the water
supplied or lawful entitlement to be paid for the supply of such water ('the Billing Entity"), at such prices set by the
Billing Entity from time to tirne but no more than the same rate and on the same ccnditions as would be inposed ftom
time to time by the Local Autlority if it were supplying water directly to the Dominant Tenement, together with such
reasonable administration charge as may be reasonably necessary to administer the mauagement and supply of such
water by the Billing Entity.)
Yet council and the water board tell us what we are doing is illegal. Yet our easement states we must.
Thank you for your help

 

[Rob Legat - SBPL]

There’s not enough information in your post to tell exactly what is going on, but if what is going on is unlawful then you could possibly get the easement extinguished due to the principle of ‘supervening illegality’. This principle provides that you cannot have an enforceable contract for an illegal purpose; and an easement is a form of contract.