Roof Water Easement

In legal terminology the rightful user is referred to as the dominant.

Roof water easement.

We will not maintain infrastructure related to drainage of the property itself like roof water pipes or subsoil drains. A water easement refers to the right of a landowner or other entity to have access to water lines drainage or water sources on property owned by someone else. E roof water drainage. In ex parte purcell 1982 47 p cr 433 the owners of land burdened by a watermain easement in favour of the local council sought a declaration from the court that they were entitled to construct a roof at a height of 6 5 metres above the easement.

In property law one way that a landowner may interfere with another s use of her land is by altering how surface water such as rain or snow melt drains. Maintenance of the easement area including open drains and creeks generally remains the responsibility of the property owner this includes all vegetation management. In most circumstances easement owners have rights to improve and repair their easements such as clearing away. A water easement can give people permission to access a lake or other water resource on someone else s land.

The owner of a tenement or a piece of land subject to the easement of receiving water falling from roofs may build in such manner as to receive the water upon his own roof or give it another outlet in accordance with local ordinances or customs and in such a way as not to cause any nuisance or damage whatever to the dominant estate. View easements are less common but becoming more common as communities become aware of the monetary value of sightlines. A landowner may build a building pave her land or alter the contour of the land in a way that increases the amount of surface water that drains onto neighboring property or changes where it flows thus damaging nearby property. To purchase a copy of an as constructed stormwater drainage plan visit council or phone council on 07 3403 8888 and request to speak to the plan custodian.

Stormwater drainage infrastructure may be located in the street on private property or in dedicated drainage easements. Generally no structures or improvements are permitted within the easement boundaries however some improvements may be allowed within proximity to the easement and these enquires should be directed to council. A landowner having an easement on her land is also known as the easement owner.