New South Wales Consolidated Acts New South Wales Consolidated ActsFull and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by that person, to go, pass and repass at all times and for all purposes with or without animals or vehicles or both to and from the said dominant tenement or any such part thereof.
Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by that person, to go, pass and repass on foot at all times and for all purposes, without animals or vehicles to and from the said dominant tenement or any such part thereof.
Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by that person, from time to time and at all times to drain water (whether rain, storm, spring, soakage, or seepage water) in any quantities across and through the land herein indicated as the servient tenement, together with the right to use, for the purposes of the easement, any line of pipes already laid within the servient tenement for the purpose of draining water or any pipe or pipes in replacement or in substitution therefor and where no such line of pipes exists, to lay, place and maintain a line of pipes of sufficient internal diameter beneath or upon the surface of the servient tenement, and together with the right for the grantee and every person authorised by the grantee, with any tools, implements, or machinery, necessary for the purpose, to enter upon the servient tenement and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, or renewing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the servient tenement to such extent as may be necessary provided that the grantee and the persons authorised by the grantee will take all reasonable precautions to ensure as little disturbance as possible to the surface of the servient tenement and will restore that surface as nearly as practicable to its original condition.
Full and free right for every person who is at any time entitled to an estate or interest in possession in the land herein indicated as the dominant tenement or any part thereof with which the right shall be capable of enjoyment, and every person authorised by that person, from time to time and at all times by means of pipes to drain sewage and other waste material and fluid in any quantities across and through the land herein indicated as the servient tenement, together with the right to use, for the purposes of the easement, any line of pipes already laid within the servient tenement for the purpose of draining sewage or any pipe or pipes in replacement or in substitution therefor and where no such line of pipes exists, to lay, place and maintain a line of pipes of sufficient internal diameter beneath or upon the surface of the servient tenement, and together with the right for the grantee and every person authorised by the grantee, with any tools, implements, or machinery, necessary for the purpose, to enter upon the servient tenement and to remain there for any reasonable time for the purpose of laying, inspecting, cleansing, repairing, maintaining, or renewing such pipe line or any part thereof and for any of the aforesaid purposes to open the soil of the servient tenement to such extent as may be necessary provided that the grantee and the persons authorised by the grantee will take all reasonable precautions to ensure as little disturbance as possible to the surface of the servient tenement and will restore that surface as nearly as practicable to its original condition.
The owner of the lot benefited may--
(a) at the expiration of at least one week's notice served on the owner or occupier of a lot burdened, use the lot burdened for the purpose of carrying out necessary work on, or on any structure on, the lot benefited which cannot otherwise reasonably be carried out, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work on the lot benefited is done properly and carried out as quickly as is practicable, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of the lot benefited may--
(a) construct and maintain on the lot burdened, but only within the site of this easement, whatever batter or embankment is reasonably necessary to support the surface or subsurface of the lot benefited or any part of it, or any structure or works on the lot benefited, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work.
The owner of the lot burdened must not--
(a) interfere with the batter or embankment or the support it offers, or
(b) use the site of this easement, or any other part of the lot burdened, or any other land, in a way which may detract from the stability of or the support provided by the batter or embankment.
If the owner of the lot burdened does or allows anything to be done which
damages the batter or embankment or impairs its effectiveness, the owner of
the lot benefited may serve not less than 14 days' notice on the owner of the
lot burdened requiring the damage to be repaired or the impairment removed.
If the owner of the lot burdened does not comply with the notice, the owner of
the lot benefited may enter and repair the damage or remove the impairment and
may recover any reasonable costs from the owner of the lot burdened.
In exercising those powers (whether or not after serving such a notice), the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of the lot benefited may--
(a) drain sewage, sullage and other fluid wastes in pipes through each lot burdened, but only within the site of this easement, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• using any existing line of pipes, and• carrying out works, such as constructing, placing, repairing or maintaining pipes and equipment.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of the lot benefited may--
(a) drain water from any natural source through each lot burdened, but only within the site of this easement, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• using any existing line of pipes, and• carrying out work, such as constructing, placing, repairing or maintaining pipes, channels, ditches and equipment.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of the lot benefited may--
(a) transmit electricity through each lot burdened, but only within the site of this easement, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work, such as constructing, placing, repairing or maintaining poles, wires, conduits and equipment.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of the lot benefited--
(a) may insist that the parts of the structure (
"the overhanging structure" ) on the lot benefited which, when this easement was created, overhung the lot burdened remain, but only to the extent they are within the site of this easement, and
(b) must keep the overhanging structure in good repair and safe condition, and
(c) may do anything reasonably necessary for those purposes, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) restore the lot burdened as nearly as is practicable to its former condition, and
(d) make good any collateral damage.
The owner of the lot burdened may insist that this easement be extinguished when the structure on the lot benefited is removed.
The owner of the lot burdened must not do or allow anything to be done to damage or interfere with the overhanging structure.
The owner of the lot benefited may--
(a) use each lot burdened, but only within the site of this easement, to provide domestic services to or from each lot benefited, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work, such as constructing, placing, repairing or maintaining pipes, poles, wires, cables, conduits, structures and equipment.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
For the purposes of this easement,
"domestic services" includes supply of water, gas, electricity, telephone and
television and discharge of sewage, sullage and other fluid wastes.
The owner of the lot benefited may--
(a) run water in pipes through each lot burdened, but only within the site of this easement, and
(b) do anything reasonably necessary for that purpose including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work, such as constructing, placing, repairing or maintaining pipes and equipment.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of the lot benefited--
(a) may insist that the parts of the structure (
"the encroaching structure" ) on the lot benefited which, when this easement was created, encroached on the lot burdened remain, but only to the extent they are within the site of this easement, and
(b) must keep the encroaching structure in good repair and safe condition, and
(c) may do anything reasonably necessary for those purposes, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) restore the lot burdened as nearly as is practicable to its former condition, and
(d) make good any collateral damage.
The owner of the lot burdened may insist that this easement be extinguished when the structure on the lot benefited is removed.
The owner of the lot burdened must not do or allow anything to be done to damage or interfere with the encroaching structure.
The owner of the lot benefited may--
(a) by any reasonable means pass across each lot burdened, but only within the site of this easement, to get to or from the lot benefited, and
(b) do anything reasonably necessary for that purpose, including--• entering the lot burdened, and• taking anything on to the lot burdened, and• carrying out work within the site of this easement, such as constructing, placing, repairing or maintaining trafficable surfaces, driveways or structures.
In exercising those powers, the owner of the lot benefited must--
(a) ensure all work is done properly, and
(b) cause as little inconvenience as is practicable to the owner and any occupier of the lot burdened, and
(c) cause as little damage as is practicable to the lot burdened and any improvement on it, and
(d) restore the lot burdened as nearly as is practicable to its former condition, and
(e) make good any collateral damage.
The owner of supporting land may--
(a) remove the support provided by the supporting land to the supported land, and
(b) do anything reasonably necessary for that purpose.
An expression used in this easement that is defined for the purposes of section 177 of the Conveyancing Act 1919 has the same meaning given to it in that section.