Question
1) Ross owns a lot of land in outer Sydney (lot 1). In 2016 Pauline buys the adjoining lot (lot 2). Both lots are registered
1) Ross owns a lot of land in outer Sydney (lot 1). In 2016 Pauline buys the adjoining lot (lot 2). Both lots are registered under the Real Property Act 1900. Drainage pipes cross lot 2, connecting lot 1 and the stormwater drains which run along the main road, parallel to lot 2. These pipes are supported by two (connecting) registered easements. Easement A connects to Easement B at the mid-point between Lot 1 and the road.
Easement A provides (inter alia) that the owners of the dominant tenement have:
'the full and free right and liberty at all times to enter upon to lay such drains and to connect such drains to any other drains as the grantee may from time to time see fit and thereafter forever to use the said drains freely to run and pass water and sewage through under and along the same'.
Easement B provides that the owners of the dominant tenement have:
'the full and free right to use the drain for drainage and stormwater under and along lot 2'.
In 2015 the local council constructed new sewage easements next to the stormwater drains, parallel to lot 2. Ross sought to redirect the flow of sewage from lot 1 to the new sewage drains via the easements under the servient tenement. Pauline has come to you for advice. She does not believe that Ross has this right.. Advise Pauline. Would your answer be any different if: a) Easement B provided for the right to use the drains for "stormwater drainage"; or b) if the easements simply provided that the owners of lot 1 had the right to lay "drainage pipes"?
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