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2.4 Easements

Sources: Lake Bennett (Land Title) Act 2005 ss 11–14, Schedules 3–4; Development Permit conditions; estate infrastructure practice.

Easement Overview

The Act required the Minister to prepare and register easements that replaced the former recreational easements listed in Schedule 1. On lodgment, those old recreational easements were extinguished (Act s 14).

Easements Created Under the Act (s 11–12)

Easement Benefit Burden Terms
Common property recreation Adjoining lots + created s 1254 Common property easement area (part of created s 1252) Schedule 3
Lake recreation Adjoining lots, lots in s 1252, s 1253, s 1255 Created s 1254 Schedule 4
Foreshore recreation Adjoining lots, lots in s 1252, s 1254 Created s 1255 Schedule 4
Service easements Created s 1252 Created s 1255 Schedule 3 Part B Law of Property Act 2000 (sewerage, water, electricity)

Recreational Easements — Common Property (Schedule 3)

  • Benefited owners (and authorised persons) may enter and use the shaded common property for recreation consistent with quiet enjoyment.
  • Owner of common property retains passage/use rights in common with benefited owners.
  • Exception: easement does not apply to parts of common property that contain reasonably necessary service infrastructure (electricity, telephone, water, sewerage and similar) or the area reasonably necessary to install and maintain it.
  • Covenant: do not damage or pollute common property or service infrastructure, or prejudicially interfere with others’ use.

Recreational Easements — Lake and Foreshore (Schedule 4)

  • Right to enter and use lake/foreshore for recreation that does not interfere with others’ quiet enjoyment, and is not inconsistent with any Water Act 1992 surface-water licence.
  • Right to leave a boat on the lake.
  • Right (where land adjoins Chinner Road or s 1255) to leave one pontoon (including ramp), subject to:
    • NT Planning Scheme / Schedule 5 pontoon rules;
    • prior written approval of lake/foreshore owner (not to be unreasonably withheld) as to specifications, construction, mooring and location;
    • keep vegetation clear within 3 m of any point of the pontoon/ramp;
    • maintain public liability insurance for pontoon-related damage.
  • Covenant: do not damage or pollute the lake or retaining wall, or prejudicially interfere with others’ use.

Further development on s 1254/1255 is heavily restricted (recreation only; no houseboats; no camping/caravans except as allowed for complying pontoons) — see 2.3.3 Community Facilities.

Utility / Service Easements

  • Service easements for sewerage, water supply and electricity benefit s 1252 and burden s 1255 (Act s 12).
  • Developments on or adjacent to any easement must satisfy the relevant service authority (Schedule 6, Condition 9 / DP04/0022).
  • Practical estate infrastructure (water mains under roads/easements, sewer rising mains, power) is documented in sections 3.1–3.3 and 3.1.4 Reticulation.

Access and Roads

Rights and Obligations (summary)

Benefited Property Owners

  • Recreation rights over common property easement area, lake and foreshore as registered.
  • Pontoon/boat rights subject to Schedule 4 and Schedule 5.
  • Must not damage, pollute or unreasonably interfere with others’ use.

Body Corporate / Common Property Owner

  • Quiet enjoyment and infrastructure protection reserved under Schedule 3.
  • Authorised agent entry for inspection/maintenance (Articles 2).

Service Authorities / Contractors

  • Access via service easements and agreed corridors; works to authority standards.

Lake / Foreshore Owner

  • Approval role for pontoon specifications/mooring; retention of passage and use rights under Schedule 4.

Documentation

  • Registered easement instruments and plans (Land Titles Office / title search).
  • Lake Bennett plan of subdivision and units plan.
  • Development Permit DP04/0022 conditions.
  • Survey / as-constructed drawings (to be collected under future section 8).

Version Control

Version Date Description
1.0 2025-10-06 Initial Release
1.1 2026-08-11 Content from Act ss 11–14 and Schedules 3–4

Next Review Date: 2027-02-11