We have purchased a property in a small township with a carriageway easement to the house behind us. The dominant property actually has street frontage now, on the side that it faces (away from our property), including a driveway and garage. Is this grounds to apply to have the easement terminated? They do still use it occasionally for visitors' cars.
There are two houses using the carriageway, both with tenants. We don't live there (it's our superannuation property) but there must be a way to find out who owns them. It wouldn't be that big a deal but the carriageway wraps around two sides of our block, reducing it from 950 square metres to 600, so it's a third of our block!
Presumably you bought it with this condition (valued as such) or agreed to the easement (with compensation?). You can just do a title search.
Yeah, we knew about it. Thanks, I'll do a title search. I know it's a long shot and I won't be upset if legally it can't be terminated, but it does seem redundant so I'd love the land back. I wonder if there's any precedent. I scoured the internet and couldn't find any, hence asking here.
Is the other property facing a major road? I believe melville council in WA recently did this when they rezoned Willagee since they don't want any car access off the main road.
there is a provision in the real property act s49 for the release of an "abandoned easement", but it must be proved that is hasn't been used for at least 20 years. you will need (as many as you can obtain), signed stat-dec's from witnesses attesting the non-use etc. indication that it is unusable because due to being obscured by structures (fences, sheds, buildings etc) ie: Surveyors Report. consult a Property Lawyer and or a registered Land Surveyor
No, it isn't. Our house is around 80 yrs old, the subdivision and easement were created around 60 years ago and the road they are now facing (and which their driveways come off) is about 40 years old. It just seems a bit redundant. Dumb, wishful thinking, really!
Thanks, I did read about that, but it doesn't apply, as they do still use it occasionally. The sequence of events I mentioned here: had me thinking, that this can't be an unusual occurrence. Areas that have become denser and new roads have created new frontages, etc. Surely they don't all retain easements in these cases?
Since you would benefit so much why dont you see if you can buy there right? Ie offer them some money to agree to the easement removal. Note council may need to give permission (in vic they need to for carriageway easements - nsw? Bmc would know).
