What is an interallotment drainage easement?
Often with new developments, stormwater from one property is not able to drain directly to the street without having to pass through another private property first. In this instance an interallotment drainage easement must be created on the downstream property which allows this to occur. It is the responsibility of the applicant to negotiate with the affected property owners to secure an easement. Property owners are under no legal obligation to burden their lots with an easement for interallotment drainage (unless they have been required to do so by the Supreme Court exercising the powers available to it under section 88K of the Convincing Act 1919, or required to do so by way of a condition of development consent). These easements are the vested interests of property owners and maintenance is their shared responsibility. It is an offence to obstruct, concentrate or divert the natural flow of water from the easements. Council will not become involved in disputes between neighbours reg
