Easement dispute

Discussion in 'Legal Issues' started by newmoom, 5th Jun, 2021.

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  1. newmoom

    newmoom New Member

    Joined:
    5th Jun, 2021
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    Location:
    nsw
    Hi everyone, I would like some advice as to the easement dispute with my neighbour.

    It shows clearly in the title research that my property has got easement and easement
    nature: Right of carriageway. It is a narrow 3 meter driveway leads to both of our garages at the rear of the houses. Now the new neighbour who recently bought the property
    destroyed the easement and demolished the whole house and is going to
    rebuild. They destroyed 1/3 width of the driveway because they are going to do their plumbing. The construction mesh fence has also been put up on the easement
    which obstructs my access to the garage completely. and I believe they will put of scarfording in the near future.

    Any advice as how I can enforce my legal right? I am not sure whether I need to involve lawyer and lodge court case and I assume it is very costly and I don't know what possible outcome I can achieve. Thanks so much
     
  2. skater

    skater Well-Known Member

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    Sydney? Gold Coast?
    Have you spoken to Council?
     
  3. 29349

    29349 Well-Known Member

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    3rd Nov, 2020
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    Location:
    Vic
    It would be a civil matter and you need to look at the wording on your title. An easement is a legal entity whereby the owner of the land on which the easement lies is the burdened party and the person who has a right to use the easement is the benefitted party.
    Which are you?
    Take it to a lawyer who will simply write a letter to the neighbour on your behalf instructing them to abide by the law of said easement.
     
    wylie likes this.
  4. 29349

    29349 Well-Known Member

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    If it is your land on which the easement lies, the neighbour would need your permission to install plumbing or anything else within the easement and should compensate you.
     
    wylie likes this.
  5. Stoffo

    Stoffo Well-Known Member

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    In the Tweed
    Did they notify you that there may be some disruption during there construction ?
     
  6. bashworth

    bashworth Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    258
    Location:
    Dandenong
    What you have described is quite common.

    I would strongly expect the easement on your property benefits your neighbour and your neighbour has an easement on their property that benefits you.

    The easement has not been 'destroyed' but you have lost the benefit of it, hopefully for the short term.

    You need to find out
    1. If the right to vehicular access will be restored. You should be entitled to be compensated for the loss of easement for the period of construction. (whether the amount of compensation is worth the legal fight is up to you.
    2. If the ability to access your garage is likely to be permantly lost then you need to engage a lawyer and take urgent action to have the build stopped.

    This is not formal legal advice just some general advice based on seeing similar problems in my past.
     
    lixas4 likes this.

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