Easement on title, what does this mean?

Hi all,

I am in the market looking for a home to buy in NSW. This one was just listed and I am checking its contract, there are some strange things on it.

On the title search page, there are two easement related notifications in the second schedule section, they are:

2. EASEMENT TO DRAIN WATER APPURTENANT TO THE LAND ABOVE DESCRIBED
3. EASEMENT FOR SEWERAGE PURPOSES APPURTENANT TO THE LAND ABOVE DESCRIBED

However on the DIAGRAM OF SANITARY DRAINAGE, there is NO sewerage easement, there are two easements on neighbours land. Please see diagram below.

http://postimg.org/image/rmadah4f3/

On the diagram above, (1) is Easement to Drain Water 1 Wide, (2) is Easement for Sewerage Purpose over existing line of pipes. According to the diagram, both are in neighbour's property and at least 2 meters or more away from the property I am interested in.

Neighbour's land and the one I am looking at share the same DPxxxxx number (Deposited Plan number?), their property is LOT 1 and the one I am interested is LOT 2, these are the only two LOTs.

The section 88B document lists LOT1 (neighbour) as LOTs Burdened and LOT2 as LOTs Benefited for all easement described.

Any idea why there are still easement notifications on LOT2's (the one I am interested in) title?

Thanks!
 
The easement will be listed on title lots burdened and benefited, if the next door lot is burdened & yours benefited, it means your water/sewer can pass over that area set out, but a block with no benefit cannot as has no rights.

The sanitary diagram is different to the deposited plan, which will show easements.

Ask your solicitor to explain exactly what is the case with the lots involved.
 
If you benefit then you may have obligations. If your storm water runs through a neighbours land via an easement, you may be responsible for the maintenance of the drain piping if required.

Your solicitor will be able to explain it exactly.
Marg
 
thanks guys, really appreciated.

got the actual plans as a part of the contract, talked to my solicitor and he told me that the notifications on title basically allow me to run water/sewer to neighbours land and suggested that if I check neighbour's title search results I'd see easements listed as "affecting" their land.
 
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