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NSW Registration of Drainage Easement?

Discussion in 'Property Law Forum' started by Randa, 24 July 2016.

  1. Randa

    Randa Member

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    My property shows on the plan that there is a proposed drainage easement in favour of council. However, the easement is not proposed and actually in use and have been since the original house was constructed maybe 50 years ago. Should the easement be registered?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Is it your certificate of title that shows the proposed easement? Sometimes a proposed easement is shown on a subdivision plan, but the easement was not registered. That is why the Certificate of Title is the only reliable way to confirm whether or not an easement exists.

    Certain council drainage structures do not require registered easements.
     
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