Advice Needed: Easement

Hi,
I am having trouble with a neighbour not allowing me reasonable access to inspect and maintain my property and looking for some advice. NSW

My house is approx. 40cm from the boundary and there is a side gate for direct access but since there is so little room it makes it unpractical without stepping into my neighbours yard. The only access to under the house, pipes, phone line, etc etc is that side of house.
I've owned my property for over 30 years and previous neighbours allowed access via the gate to inspect & maintain my property. This neighbour however, is making life very difficult.
They used to allow me access for years however that has since broken down. I have tried to talk with them, we go through a third party ( a relative of theirs who lives far away), they didn't agree to Mediation.
I offered to buy a strip to stop the drama & was refused.
I offered an agreement of once a fortnight to inspect & maintain, with $2000 for their inconvenience - refused.
So i'm guessing i need to grab me a Registered Surveyor & go for an easement through Land & Environment Court......... what a drama.
Would i have a fair chance? Any input appreciated,
Please & Thank you.

 

Once a fortnight? Why do you need to go that often?

 

Why don't you have an access "hatch" built into one of the the other 3 sides or perhaps a hatch thru the interior floor. If your prepared to pay $2k, I would say you have several options.

 

Curious as to why it's within 40cm as most standard setbacks are 900m from the fenceline. Did you have a survey done when purchased? There may well be a boundary encroachment....

 

To whippersnip at least.

 

It's just how places are here. Built so long ago.
Yes a survey was done when i bought, as was a survey for the neighbour more recently. Nothing was ever brought up by anyone. It was never an issue before now.

 

Spray the grass

 

I offered money ( which i would have to borrow by the way) because after reading about agreed easements on the land registry site, they suggest to do that.

 

Yep, it's been sprayed for a long time. Can do that if i had access.

 

What sort of fence is in between the houses? Is it a small chainlink or more like tall wooden fence? If you also see it from their point if view, maybe they don’t want someone walking in their property every two weeks.

 

No fence along house, Never has been. Partial fence at front and back of house, gate attached at back which has always been used for access. I realise it's confusing without seeing it.
I understand people not wanting others on their property, unfortunately, there is no other way to access that side.

 

If there is no fence can the neighbour mow this section of lawn when they do their lawn?

 

We had an arrangement for a cpl of yrs. That has now stopped due to damages to my property.
My main concern is not being able to access the hot water pipe, the shower drain thingy , kitchen 1 also, fix the seal in a window, replace broken hardiplank boards.
General maintenance of anything.
There is an Access to Neighbouring Land Legislation, but i'm looking more at an easement.

 

But why would you have an easement?

 

Oh okay, didnt realize there was not a fence. Can you just walk along the side of the property that is yours? Even if it is only 40cm wide you can still be on your land when you have to go down there for maintenance and just let the lawn grow and they can either mow it or let 40cm of grass grow.. then weed kill that bit.

 

You could end up with a fire hazard beside or partially under your home.

I've heard of this happening before, owners couldn't paint that part of their house and it went to court, I was told the judge granted an access order for 2 weeks to complete the painting.

 

I may have an elbow, big toe or a hair over the boundary, not to mention if i need to put a ladder against the house, or fix a pipe.
It's a difficult situation and the neighbour is saying No to everything.

 

I haven't been involved in one as such, but it sounds like an expensive (and futile) exercise to try and get the LEC to grant an Easement for Access over the adjoining property.

I would think your legal representative would purse an Application for an Access Order to the Local Court via Neighbour Land Act 2000

i assume you are familiar with this act.

otherwise i would try to repair the bridge with thy neighbour

 

Personal I would just do it, If you go a little bit over the boundary how are they going to prove it, they cant get a tape measure out because they would have to cross into your property to measure. If they try and call the cops for trespassing, they will likely get laughed at as its such a petty argument

 

yep thats why you just weed kill that section.