Advice Needed: Easement

I am aware of the act.
Unfortunately, there has been the occassion where the 21 days notice under this act, would have cost me many thousands.
I have tried and tried and tried with the neighbour. Still trying.

 

Sounds like the neighbour sees your 40cm as their yard, so when you step in there, you are invading 'their' space/privacy. I can see that point of view, it is exacerbated because there is nothing to separate you from them when you are on your land.

So - a fence.

Which is probably going to reduce your 40cm somewhat, so I hope you are slim!

 

A right-of-way easement to access my property.

 

The attached photo shows how it is. The neighbour has it sectioned off. I understand the privacy issue and have tried to reach an agreement for dates, times etc for me to enter.

 

Yes and yes.
40cm from my house is boundary. The neighbour has pointed out to me , that i cannot whipper snip within the 40cm, nor fix a water pipe, or my window seal or anything else within the 40cm.
As you can see, she has it blocked off anyway. It's a case of someone being mean because they can.

 

Answer dress up in a batman suit spray it at night and then cover with weed mat.

 

I’d move the gate so it is not on your property, eg open it and then stake it so it stays open 40 cm from your house. And then mark out (with a rope maybe?) where your boundary is and walk within the boundary. Tricky being 40 cm but not impossible?

 

Or send them a ticket to the opera and get in and fix it all whilst they're out

 

I don't see why you can't access your own land to do those things?
And how is it blocked off - you have a gate you can use it?

 

This. Or perhaps buy some really offensive art work and lean it against the side of your house.

 

The privacy screen is approx 1m from boundary.
The gate is on my property.
I own the land where photo was taken.
They have "blocked" me, by pointing out that to do anything to my house or grassy mess, i wouod need to be a few cm on their property therefore trespassing.
It's all extremely frustrating and petty.

 

so you want the neighbour to encumber their land with an easement so you can walk down the sideway,



? i still can't see why you can't go through there to trim the grass etc. Surely common sense would prevail
for major works like painting (every 10yrs) and or major repairs, scaffolding? etc, i still think the local court access is your best bet

 

Neighbours ...
Abseil off your roof with a whippy snipper.
What happened for your neighbour to do this?

 

Can you confirm if the boundary is 40cm from the wall of your house, or from the gutter line?
That could make a big difference to your accessibility.

 

I meant their yard was blocked off by the garden and screen.
I should try the ladder on a 40cm lean, see how thay goes.

 

I simply want access to inspect & maintain my home that does not interfere with the privacy and property of neighbour. Which did happen for 100yrs since the houses have been here. However, here we are now.
Thank you for your suggestions.