Drainage Easements

A drainage easement is an area of land that is subject to a legal right allowing stormwater to flow through part of a property. Easements are commonly shown on your property title or survey plan.

Drainage easements help manage stormwater and reduce the risk of flooding.

Determining Responsibilities

Responsibilities depend on what is recorded on your property title, including any registered easement agreement (easement instrument), and who benefits from the easement (for example, Litchfield Council, the Northern Territory Government or another property owner)

Some easements include detailed terms. Others have limited detail. Always check your property title if you are unsure.

Property Owner Responsibilities

Where a drainage easement exists on your property, as the property owner you are responsible for the routine upkeep. This includes:

  • Keeping the area clear of leaves, vegetation, debris and sediment;
  • Maintaining grass and controlling weeds;
  • Removing minor blockages so water can flow freely including debris on fences; and
  • Maintaining / replacing fences located around or within the drainage easement.

Keeping the easement clear and free flowing helps reduce localised flooding.

What You Must Not Do

You must not interfere with the easement or restrict access. Do not:

  • Build structures over the easement without written permission.
  • Alter ground levels in a way that affects drainage.
  • Store materials that block water flow.
  • Prevent access for inspection or maintenance.

Litchfield Council Responsibilities

The Council may carry out work where:

It is the easement holder, or

The drainage infrastructure is a Litchfield Council asset.

This can include inspections, repairs and maintenance of constructed drainage infrastructure.

Cleaning of Drains

In most cases, property owners are responsible for keeping drains on their properties clear of sediment, leaves and debris. The Litchfield Council does not usually undertake routine cleaning of drains on private property.

Important Information

  • A drainage easement gives rights to others, even though the land is privately owned;
  • Responsibilities may vary depending on your title; and
  • A registered easement agreement will set out any specific obligations.

For further information please contact Litchfield Council.

Additional Information from the Northern Territory Government is available here:

Land Titles Office- NTG

Crown Land Management– NTG Easements

 

This fact sheet provides general information about drainage easements and is not intended to be comprehensive or to constitute legal advice. While Council endeavours to ensure the information is accurate and current, Council makes no guarantee as to its accuracy, completeness or currency. Responsibilities may vary depending on the circumstances of each property and the applicable legal arrangements. Property owners should obtain independent legal advice before relying on this information or making decisions based on its contents.