Land Title Act 1994

This section applies if a high-density development easement is created for roof water drainage.

An easement exists in favour of 1 lot (the benefitted lot) against the other lot (the burdened lot) to permit a roof water drainage structure that is part of a building situated on the benefitted lot to—

project over the boundaries of the burdened lot; or

be situated on the burdened lot; or

also be part of a building situated on the burdened lot.

For subsection (2), a roof water drainage structure is a structure—

used for collecting rainwater from the roof of a building and conveying the rainwater to a drain or the ground, including, for example, guttering, a downpipe, a drainpipe or a box drain; and

only to the extent the structure is visible and not concealed underground.

The easement entitles the owner of the benefitted lot to enter the burdened lot to maintain or replace the roof water drainage structure.

The owner of the benefitted lot—

is solely liable for the costs of maintaining or replacing the roof water drainage structure; and

must insure, to the extent practicable, the roof water drainage structure for—

its full replacement value; and

public risk.

The owner of the burdened lot must not, without the written consent of the owner of the benefitted lot—

remove, change or otherwise interfere with the roof water drainage structure; or

obstruct or otherwise interfere with the flow of water through the structure.

However, the owner of the burdened lot may, without the written consent of the owner of the benefitted lot, interfere with the roof water drainage structure to the extent necessary to ensure water flows freely through the structure, including, for example, by removing from the structure a thing that is obstructing the flow of water.