NSW Neighbor storm water easement on my property

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Mof

Member
14 July 2023
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0
1
My neighbor wants to build a house and asks me to agree to run a storm water drain pipe/s through my land.
Can I stop him, by the law, from doing that?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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833
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Sydney
The first thing you do is formally decline to consent
 
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ArmandoMyers

Well-Known Member
23 March 2023
27
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121
I’m a bit late here, but I’ve seen councils in NSW sometimes push for easements if there’s no other workable drainage route. You can still say no, though, and your neighbour would then need to seek a compulsory easement through the Land and Environment Court. Have you checked whether the council confirmed there’s truly no alternative path on their own land or through the street system?
 

LordRisen

Active Member
19 June 2024
12
0
31
I’d get the easement paperwork from council first so you know exactly who’s responsible for upkeep and access. If the neighbour’s work is stopping the pipe from doing its job, a written notice asking them to fix the obstruction usually puts things back on track. When I deal with home maintenance stuff, I like having pros who spell things out clearly, kind of like Emerson Pro Services does in their field.