Batter Easement means the right for a highway authority (usually the Local Planning Authority) to maintain the slope and stability of higher land adjoining a highway to ensure the adjoining land does not spill onto the highway.
Within a Batter Easement or Easement to Embank some Councils will allow building or the construction of walls etc but only after they are satisfied that the Road is still ‘supported’ . This usually requires the certification of an engineer followed by a Petition to Amend the sealed plan. See the plan example to the right, Easement to Batter passing through lot 19.
The Petition to Amend can be simple as the only interested parties are the Planning Authority and the land owner.
Contact us for advice in relation to these matters.