NSW: Q&A Water Usage Costs To Maintain a Council Easement

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This article about the cost of water usage to maintain the verge has been supplied by Karina Heinz, Progressive Strata Services.

Question: We are paying to water a grassed area over a neighbouring unit’s fence on a council easement. Why should we both share this cost in our water bill?

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Answer: The easement will indicate whose responsible.

As with all things strata, there are a few things that determine what the scheme is responsible for:

• The strata plan
• Any bylaws (and so if you have passed a common property memorandum – that too will layout what is the scheme’s responsibility).
• Easements etc on the certificate of title

If the garden is on the strata plan or is part of the other unit’s lot then the scheme pays to maintain as if it is part of a lot. The unit entitlement should cover the additional benefit they have by having that area, so they are effectively paying for it through their levy contributions and so it’s been taken into account.

I note though you refer to this area being “over the fence” and on council’s property/easement. The easement will indicate whose responsible. If the council is responsible, then chase them up to maintain it (e.g. lawn mowing etc), however, if it is watering only there are a few pragmatic issues with chasing them over a water bill that is probably in the order of $25pa-

1. Does this area improve how your property appears?
2. If it does – what would be the cost (or likelihood that council would pay)?

The scenario here it seems is like one’s footpath if not maintained the grass or tree on it will die, but if maintained does it not improve the appearance of your property?

If every household pursued council for the $20 to water their footpath each year they would do nothing else but spend time reconciling the cost and reimbursing, and so this is not done. But also like the footpath, it is highly likely that the easement makes you responsible for it.

So first see what the easement provides but if it rests with Council then the chances you will get them to look after it may be remote. In which case how will that area, if not maintained, detract from your properties?

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This post appears in Strata News #346.

Karina Heinz
P: 02 9389 9599
E: [email protected]
W: https://www.prostrata.com.au/

Read next:

• NSW: Q&A Liability Clauses When Upstairs Installs a Balcony Garden
• NSW: Q&A Are There Strata Laws Stopping Me From Gardening on Common Property?
• NSW: Q&A Making Sure the Garden Outside My Apartment is Maintained

Visit Maintenance and Common Property OR NSW Strata Legislation pages.

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