My parents (in Sydney) neighbor at the back has requested an easement on their land...They verbally declined. The neighbor then dropped off a letter of request from a lawyer. It becomes stressful for my parents, they simply just don’t want any hassles and they don’t want any compensation... just a peace of mind. It’s stressful enough just to get to know their rights... let alone the unforeseen issues might come afterwards... but looking at my parents land it could be the most direct and easiest option for them.. On the letter it mentioned that they reserve the right to commence the proceeding under secession 88k....And if they don’t get to receive a response to the letter, they feel like they would have excercised all reasonable endeavor to negotiate with my parents with respect the easement. Any advice please? Thanks
What Section 88k is about Obtaining an easement over the land of an uncooperative neighbour under section 88K As per Scott a letter back from your parents solicitor declining their offer or conversely maybe putting a very high price on the easement if they went ahead with an easement. Something that makes it a more expensive option then alternatives. Have they actually specified the requirements of the easement in the letter?
