NSW Neighbour Wanting Stormwater Easement - What are My Rights?

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Leonard Thio

Member
17 March 2017
1
0
1
Hi,

We live on the slope and I'm downhill behind a neighbouring property. The said neighbour behind my house wants to subdivide and has demanded we provide a stormwater easement running down the side of my garage and driveway. He's access to his property is on the other side.

We don't really want the hassle of the build so we've been declining. He has now engaged a lawyer who has sent us a veiled threat letter. Would really appreciate information on what my rights are.

They already have an existing property there but there's no need for an easement through our property.

Thanks
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
2,452
514
2,894
Gold Coast, Queensland
lawtap.com
I don't practice in NSW, but it's fairly universal that water flows downhill.

There's a few things to consider, and without an understanding of the topography of the land involved it's difficult to know what is necessary. I'd be asking for a copy of the following before giving any response:

1. Council's conditions for subdivision approval. Check to see if there is a requirement for them to obtain an easement for stormwater through the neighbouring property (ie yours). If there's not, question why they're asking and provide supporting document(s);

2. A hydraulic survey showing the flow of stormwater from the property. This should match up with where they want to have the easement;

3. Scope of works and costings, including duration of works and proposed start/end dates;

4. Who will be expected to perform the works, who is paying, what insurance do they have in place; and

5. A copy of the terms of the proposed easement, with plan.

Make it clear you will consider their request on receipt of sufficient information, but that should not be construed as an acceptance of their request.

With the above information, figure out what's intended. It's possible that agreeing to the easement may be to your benefit - rather than having uncontrolled runoff coming on to your property.
 

GC.

Well-Known Member
26 October 2015
43
3
129
You should check your council's website, the information Rob is asking about can often be found online for recently approved development applications (find the development application section and search for your neighbour's address).