Property with a proposed drainage easement

Dear all,

I am new in the Property Chat (first proper post) and new in properties. My apology for my silly question.

I would like to know if the property (NSW) has a proposed drainage easement on its land (backyard, nothing on top of it at the moment). What does that mean? Does that mean I cannot build anything permanent on top of it? or if I did, I will need to give access to the council or the corresponding bodies and if there's any damage, I will need to personally pay for it?

I am a bit confused with the word "proposed". Does that mean it is the same as the confirmed drainage easement? It is already on the Certificate of Title.

Hope anyone who have experience on this, could shed some lights on this, any info would be greatly appreciated. Thanks in advance

 

A notation on the DP is almost as good as the registration, the proposed easement has been identified but is yet to be registered.

I have seen many 'proposed' items on plans including roads, parks etc for public services and infrastructure.

 

Thanks @Scott No Mates - does that mean I cannot build anything on top of the proposed drainage easement? Sorry I am a newbie on this.

 

@Koalalui - it doesn't necessarily mean that you can't build over it however you may need to concrete encase the service and the entity who benefits from the easement has the right to remove structures over the easement to gain access if needed.

 

I have a drainage easement 1-m wide in my backyard. Therefore have small trees in pots and garden beds over that part of the garden.

 

Thanks for your reply @wombat777

 

The questions and concerns that you have will still be around when it comes time for you to sell the property. Best to give this property a miss.

 

Our living room is an odd shape as the western wall follows a similar easement across our back yard. It has given our house a unique feel, the design makes the most of it.

 

I already give it a pass, but appreciated for any replies

 

Yes agree, that wasnt my cup of tea but I am sure the one who bought it, like it alot. It sold beyond ($200K+) what the agent's price guide at auction.

 

Interested in the "notation" on the DP as apposed to registration.

Is this something a developer could pursue during DA approval process?
Also would you know if registering of an easement actually requires the infrastructure reserved for the easement to be built, or can construction be done after registration of, for example a stormwater system with an easement?

Thanks

 

Can be done when the burdened lot owner grants consent. AFAIK a DA is not required to grant and register an easement.

Separate issues. The burdened lot owner generally won't allow construction until the easement is registered.