Roof Water Easement

A view easement might give your neighbor the right to enjoy a view of the coastline without you blocking the view by building your house up planting trees or adding other obstructions.

Roof water easement.

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. Maintenance of the easement area including open drains and creeks generally remains the responsibility of the property owner this includes all vegetation management. 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. Stormwater drainage infrastructure may be located in the street on private property or in dedicated drainage easements.

A landowner having an easement on her land is also known as the easement owner. 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. 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. Property owners who are unable to outlet their roof water to the kerb and channel may be able to direct roof stormwater into an existing stormwater drain within an easement.

Creation of high density development easement 39 0020 high density development easements may only be created over 2 small adjoin ing lots and only if a any of the following applies i a wall of a building situated on 1 of the adjoining lots is also a wall of a. We will not maintain infrastructure related to drainage of the property itself like roof water pipes or subsoil drains. 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. In legal terminology the rightful user is referred to as the dominant.

E roof water drainage. View easements are less common but becoming more common as communities become aware of the monetary value of sightlines. In most circumstances easement owners have rights to improve and repair their easements such as clearing away.