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NSW Laws on a Long Term Water Easement?

Discussion in 'Property Law Forum' started by Farmer Joe, 27 August 2016.

  1. Farmer Joe

    Farmer Joe Member

    27 August 2016
    Likes Received:

    Regarding a long term (30-50 years) existing water supply easement, without any proof of agreement with a neighbouring property, what rights do the new neighbours have in turning off our water supply?

    I see that prescribed easements do not occur in NSW (which is crap), but there are also laws regarding 88k of the 1919 act which easement can be given for reason of necessity.

    As there are no other viable options due to the geographical location of the place, where do I stand in regards to the law? These are neighbours from hell and need some help on going forward.

    Thank you all!
  2. Victoria S

    Victoria S Well-Known Member

    9 April 2014
    Likes Received:
    I assume the easement isn't recorded on the neighbour's title?

    88K does provide an option to apply to the court for the grant of your easement, however it will cost in legal fees.
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