Easements affecting natural boundaries
Easements terminating at a natural feature
The doctrine of accretion and erosion applies to the site of an easement that extends to a riparian boundary. Consequently any new plan should show the easement terminating at the physical feature. The terminus of the easement should be marked in accordance with the provisions of Clause 18 Surveying and Spatial Information Regulation 2012. In this regard, the reference mark may be placed in a position short of the riparian boundary. An approximate connection from the mark to the boundary should be added to the plan.
A compiled plan of easement terminating at a physical feature will be accepted provided the plan complies with the LPI Compiled Plan Guidelines.
Easements along a natural feature
Many easements are created along a natural feature - especially where waterfront parcels of land have no road access (e.g. around Berowra Waters etc) and easements for access along the shoreline from a local jetty are required.
Where the easement is intended to be created along the bank of a river, stream or waterway, the boundaries of the easement may be affected by accretion and/or erosion of the bank. In these instances the surveyor must clearly indicate how it is intended to define the boundaries of the easement.
If it is intended that the bank constitute the extent of the easement, a statement that the boundary of the easement will remain ambulatory should be added to the new plan, eg
NOTE: THE NORTHERN BOUNDARY OF EASEMENT 'E' WITHIN LOT.... DP............ IS FORMED BY THE MHWM OF..........AS DETERMINED FROM TIME TO TIME
Alternatively, the extent of the easement site (and its relationship to the bank) should be fully defined by survey.
The landward side of the easement may be fixed in a set position, or be ambulatory (at a specific width) from the bank. The plan should either:
- define the landward side of the easement by dimensions (and show the easement as variable width)
- show the easement as a set width (e.g. 10 Wide) and include a statement 'Easement 10 Wide along Bank of Creek as at .....(date) ..... ,'
- create the easement as Right of Carriageway or Right of Way over an existing track in use.
The usual requirements as to consents and reports apply to deposited plans of easement with riparian boundaries.
Note 1 Easements along tidal waters will require the consent of State Lands/Waterways to the definition of the MHWM.
Note 2 Section 56 Crown Lands Act 1989 provides for the creation of an easement for public access defined by reference to a natural or physical feature. This applies to Crown Folio Creation plans only.