Drainage easements and sewer mains

Private drainage easement

A Certificate of Title will tell you if there is a registered private (interallotment) drainage easement on a property. You can get a copy of this certificate from Land and Property Information. If there is a drainage easement on your property, your title certificate will have a notation under Second Schedule with a number. This is the instrument number, or 'dealing'. The instrument describes the terms of the easement, including which properties have the benefit of the easement.

Sometimes these easements do not contain any pipe and sometimes a pipe has been laid without an easement being created over it. Sometimes a proposed easement is shown on a subdivision plan, but the easement was not registered. That is why the Certificate of Title is the only reliable way to confirm whether or not an easement exists and a field survey is the only way to determine whether or not a pipe has been laid.

It should be noted that Council is not responsible for the maintenance of private interallotment drainage systems. A fee applies for any drainage search undertaken by Council as described in Council’s adopted fees and charges.

Council drainage easement

A Certificate of Title will tell you if there is a registered Council drainage easement on a property. You can get a copy from Land and Property Information.

We also hold records of our drainage systems across private property, which may be able to provide extra information such as dimensions and discharge capacity. However we cannot guarantee the information you want will be found or that it accurately reflects field conditions. To access these records you can apply for an Search of Operations Records.Search of Operations Records. (pdf. 188KB)

In rare circumstances, a Council stormwater pipe may traverse a property without an easement. On the other hand, a drainage easement that benefits Council may not contain a stormwater pipe.  Some very old pipes are not within the easement.

A fee applies for any drainage search undertaken by Council as described in Council’s adopted fees and charges.

Sewer mains

Sewer mains are owned and maintained by Sydney Water. Sewer mains are not required to be covered by easements.  A Sewer Service Diagram will show you the location of your private house service line and usually show the location of the connection to the sewer main. You can apply for a copy of this diagram from Sydney Water.