An easement is a legal right to use a parcel of land for a specific and limited purpose and drainage easements are necessary for the orderly flow of water.  When water drainage or removal of waste water from a water main through a private drainage system is required, a drainage easement is necessary.
 
Because of the restrictions that are imposed as a result of drainage easements there is usually an impact on the home or property.
 
Drainage easements fall into two categories, private and public.
 
Private easements are generally between two or more land owners or developers of subdivisions. The easement is created to ensure the proper flow of water.
 
Public easements or easements in gross are created in favour of a public or local authority. They are used by Councils to install pipes to divert storm water. This prevents large accumulations of water during thunderstorms.
 
Both of these easements affect the homeowner by creating limitations on the use of the property subject to the easement. The homeowner needs to identify the location of any drainage easement and abide by the limitations of use. In addition, the prospective owner of a home must be aware of the easement holder's right to maintain it.
 
Restrictions
A homeowner is not allowed to place any object in a drainage easement that is created for the free flow of water. This can affect how the homeowner plans their yard for instance because it will prevent the homeowner from placing a bench, shed or any type structure that blocks water flow. The area designated as a drainage easement is off limits for any use other than growing grass and planting flowers. Drainage easements used for the sole purpose of underground pipes will allow for fences, as long as the installation does not damage the pipes.
 
Maintenance
The easement's owner is responsible for maintaining the easement. Therefore the Council can dig up the storm pipes under the easement to repair or replace them. Normally damages will be repaired. Structures that are in the way of digging up the easement will be removed including fencing. The homeowner has to weigh the benefits of a fence against the risk of a clogged pipe on his property.
 
Obligation
The homeowner has to maintain the drainage easement. The grass must be cut and the area kept free of debris. Fallen tree limbs and accumulation of leaves obstruct the free flow of water. The drainage easement must be kept neat and clean.
 
What you should know

1. If disputes arise in relation to an easement, it is recommended that independent legal advice is obtained to ensure that all rights and obligations in relation to the easement are clarified. 
2. In order for the rights of an easement to be enforced, it must be registered on the title of the land burdened and the land that benefits from the easement. 
3. It is recommended that when a property is being purchased that the legal advisor is asked to determine whether any easements are registered on the title and if so, whether there is any impact by the easement on your intended use of the land.
4. It is not Council’s role to provide advice to prospective purchasers about private easements, or to landowners in a dispute about an easement. Council will only provide advice about an easement in gross that is for the benefit of Council.

​Architects are trained to plan, design and oversee the construction of the buildings whereas Engineers are responsible for applying mathematical and scientific knowledge in order to develop technical solutions for a problem.
 
An architect’s job entails designing the building, maintaining the aesthetic appeal of the building, allocating space usage surrounding the building and finally overseeing the construction. The architect’s job is limited to the layouts and the designing of the building; however the architects must also follow the local rules of the location where the structure is being built, such as how many stories can a building be before an extension permit is required, the legally defined distance between two walls or ceilings and the floor, etc.
 
Engineers are responsible for designing materials, systems and structures while considering the practicality, safety and cost. Engineers are responsible for calculating the math behind the whole structure. They oversee the feasibility of construction; if the building can be built in the way it is designed. They are also in charge of how much materials are required and deployed for construction.
 
A builder executes/constructs the building and makes it a reality. He organises the purchase of all the material required, deploys the right type of construction equipment, organizes skilled and unskilled labour required, plans the schedule for start and finish of the various activities and manages the actual construction. When construction is finished he hands over the building to the client.
 
In terms of designing structures such as bridges, flyovers, etc. a structural engineer is solely responsible for the designing as well as the construction of that particular structure. In other words, architects are the vision behind the project, while the engineers are the brain.
 
Some projects will require the services of an architect, a structural engineer and a builder.
 
The architect will take into consideration certain factors such as location, direction, functional and space requirements and constraints. He will then plan the layout, decide external appearances, what the facade will be and internal facilities and spaces to be provided, locations of columns, sizes of rooms, doors, windows, staircases. He also decides how high the building needs to be, how wide, how long etc. The architect will take note of rules and regulations that in are place for construction and be mindful of the budget to ensure all requirements are met. The architects work precedes the work of others.
 
The structural engineer takes off from where the architect has completed his design. The engineer figures out which materials to use and how to safely construct the building the architect has envisioned. He determines what will happen to the structure, under its own weight, determines the loads that act on the structure, the effects from winds, earthquakes etc,  The engineer will study the effect of these loads on the structural elements/skeletal frame of the building and determine safe and economical sizes for all beams and columns. He also estimates all the quantities of various materials like steel, cement, etc that is required and determines the depths of the foundations and the type of the foundation. He prepares detailed drawings describing every part of the structure.
 
The builder, who is also called the contractor, finally executes all the plans developed by the architect and the engineer.

A land surveyor uses various techniques to measures properties and pieces of land to determine boundaries. This information is used to establish maps and survey plots, boundaries for ownership of land, locations or for other purposes required by government or civil law.
 
Information about boundaries helps determine where roads or buildings will be constructed, settles property line disputes, and leads to the creation of maps.
 
Maps and land descriptions created by a land surveyor are usually considered legally binding, therefore because of the legal and precise nature of the work, it is necessary that an individual be licensed before they can work as a land surveyor.
 
A land surveyor is a professional with academic qualifications, technical expertise, interpretative ability and management skills. Land surveyors work with elements of geometry, trigonometry, regression analysis, physics, engineering, metrology, programming languages, and the law. A land surveyor needs to understand mathematical concepts and be able to use them for plotting and measuring. The various types of specialized equipment used requires good computer skills.
 
Surveying is an element in the development of the human environment and is a requirement for the planning and execution of most forms of construction and land surveyors are a crucial link in the development process.
 
Land surveying can be a very physical job as many surveys take place in all types of locations and climates, some of which are accessible only by walking or climbing. The equipment need to carry out the survey can also be heavy or cumbersome.

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