Maryland resident Rennie Hendler in battle with Newcastle City Council over drain outlet and easement on property

The channel has been caused by a pipe outlet that spits stormwater directly onto his land from the other homes in his estate, catching debris in the process and rendering the affected land useless.

Mr Hendler has been in a long-running battle about the easement with Newcastle City Council, who have offered on several occasions to move the outlet and build a new easement down the side of Mr Hendler's property.

But Mr Hendler believes the council proposal would not fix the issue and has put forward various other solutions to no avail.

The issue began 26 years ago when Mr Hendler and his wife Cathy bought the property as their own "goldmine".

"This was our retirement," Mr Hendler said. "We loved the acreage, it's almost four acres. Where can you buy nearly four acres in the city?"

Mr Hendler said his solicitor advised him there was an easement on the property, but told them it shouldn't be a huge issue.

"We had an easement on another property in Maryland and it was fine," Mr Hendler said.

"The easement wasn't visible when we bought it. It was all overgrown."

But the pair soon realised the easement was indeed a problem.

The drain outlet began flooding water down their land, which would pool at the rear of their property in times of rain.

When the water subsides what's left behind is a creekbed of reeds and rubbish that has gradually grown wider overtime.

"It's divided our property," Mr Hendler said. "That land is just unusable.

"I look after the lawn. I'm very conscious of the property. I love mowing but every time I mow I see that ugliness.

"To see your own property deteriorate over time is just terrible. It's just heartbreaking to see."

Mr Hendler has been in contact with council about the issue since not long after he bought the property.

A Newcastle City Council spokesperson said council proposed a plan to Mr Hendler in 2013 to relocate the existing easement for drainage and stormwater infrastructure to the northern boundary of Mr Hendler's property at Maryland.

"For unknown reasons Mr Hendler did not take up the offer," the spokesperson said.

"In January 2018, City of Newcastle attempted to undertake a series of maintenance works to remediate the drainage headwall and clear the channel immediately downstream."

Documents show one of the council proposals was to fill in the existing channel and build an 11 metre wide grass swale along the northern side of the property.

"Eleven metres is just ridiculous," Mr Hender said. "We'd lose too much property."

Council says it is waiting on Mr Hendler to provide written permission to undertake work on the private property.

Mr Hendler has supplied a permit to enter but on several conditions including the repair of existing damaged land with suitable topsoil, removal of the existing outlet and a smaller swale.

"Mr Hendler has proposed a series of works on his property which are extensive and not required to relocate the stormwater pipe," the spokesperson said.

"City of Newcastle has made clear to Mr Hendler that ratepayers will not be covering the costs for improvements to his property that are not required to relocate the stormwater pipe.

"Upon receipt of a completed permit to enter form, with no additional conditions, City of Newcastle will schedule the proposed work. The ball is very much in Mr Hendler's court."

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Mr Hendler has proposed various options over the years including a thinner easement, a covered pipe and a cement drain along the north side, but says council has offered "excuses" not to take them up.

A letter from council to Mr Hendler in 2016 says piping would be likely to hold water creating additional maintenance issues.

"This is the easy way out of it for them," Mr Hendler said. "The more things I throw at them the more negatives I get.

"They just say no, no, no but they don't have to live here. They don't know what won't work."

Mr Hendler is also skeptical of council maintaining a new easement as the current channel has been neglected and left to overgrow with weeds.

"A swale would take maintenance every six months," Mr Hendler said.

"Over 26 years they've only been here a few times to maintain it and I have to ask them. They don't come of their own accord."

The spokesperson said council undertakes maintenance of all its drainage easements across the local government area, but requires the permit to enter to access the easement.

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