Right of Way - help

Hi
I am the servient tenement of a 6ft right of way - a drive way along my rear boundary

The dominant tenement has altered the drive way away from the boundary - on an angle - with a high concrete lip- so that no vehicle can pass along the boundary without damage to it .
see the picture

I want to use my scooter on the green section . Scooter is a Vespa but can’t without bottoming it out or scraping a wall or needing to jump off a 20cm lip - which is dangerous

dominant refuses to let me use even one extra foot (green section of photo) to safely enter my property on my scooter and sprays me with a hose - police have been called when things got ugly

Surely passing a scooter down a 6ft ROW should be acceptable use. If neighbour impedes the ability to do so by changing driveway design from original - I should be allowed to either build a ramp - or use more that the 6ft to avoid an accident?
Any advise appreciate - before I employ a lawyer!$$$

 

Invite some bikie mates to pass a dozen noisy Harleys along the pathway, they might get the hint.

Eg. 99bikies, Renegade Cycles, Hell's Angels

Seriously though, you may need to get an enforcement order from the local magistrate to allow you to freely pass but whether the terms of the ROW permit you to drive/ride as opposed to pass (on foot) will be a determining factor as to what you can do. If this is the case, then short of carrying your bike may be your only option as it's not your driveway but a footway.

The driveway looks like it's not recently laid.

The local community justice service might be able to assist.

 

have you got dominant and servient confused?

Do you own the affected part of the land or does the neighbour?

 

It looks like you own a small grassed footpath. Why not pave what is yours, up to the same height of the driveway, and not bother with the neighbour, who sounds like they just want to be antagonistic.

 

I dont own any of it - im the serviant teenament. I am allowed to use the area to the left on the yellow line. I just need to use a couple of feet extra at the end to put the bike on the stand. Thanks for the input so far guys.

 

The brick building is owned by a chinese lady. She owns the grass and the driveway. I own a house on the left - behind the fence. I am allowed to use the grass and driveway - stretching out 6ft from the fence on the left. I’m getting hosed by the tenant on the ground floor of the brick building on the right. The yellow line the 6ft distance out from the fence line - everything to the left of the line is within my right of way. I’m supposed to keep to the left of the yellow line - but due to the high concrete lip and the angle of the driveway - i cant even get a scooter along there without falling off or damaging the bike. So i asked to use a little of the driveway to the left of the yellow line - which I was refused and attacked for doing so.
The issue is the 6ft should of been able to accomodate a horse and cart - but now cant even do a scooter becuase they redesigned the driveway

 

Dont own grassed area - but are alowed to use it - but not wide enough to ride vespa on. The drive way starts narrow - then widens - the yellow line is a bit of an optical illusion. You can see the grass is wide and the end of the picture - and narrow at the start. So i have to start on the driveway - then jump of the curb onto the sloped grass to stay within the yellow 6ft line. Its dangerous and hard to do even with my vespa skills

 

iCloud

Here’s some of the video I took- he said I should “whore my (Taiwanese) wife out “ at the end

police said they said I started it - you can guess who is telling the truth.
Click on the iCloud link . I ride my scooter around his car as is my right if he blocks the driveway - then he was out there with a hose - then then they all came out. I just want to open my gate and park the scooter in my house..

 

Why not just dismount and wheel the scooter along the driveway? It will be easy to navigate the concrete lip then.

Some queries:
How long have you lived there?

How long has the ‘hosing tenant’ lived there?

When did the driveway get ‘redesigned’ and why?

Do you need the lady’s permission to grind down the raised edge of the driveway? And have you talked to her about it?

 

I can dismount - but the shell of the Vespa bottoms out. She won’t let me put even a tile there to make a ramp.
We both been there 7 years plus. driveway designed before I bought my place - .
i have wheeled my wheelie bins along the drive way for 7 years. The scooter is as wide as the in - even with the scooter off - they object

 

In the video - he blocked the driveway - all of it - even my right of way part so I couldn’t use it . It’s illegal

 

He told the landlord I Bent his wing mirror - you can see it’s not bent in the video. I filter all day on the scooter - I did no such thing

 

I'm not a solicitor

Sounds to me like it is an old dunny lane...
which probably would have been fenced off back in the day for the night porters.
Go to council and ask about the history of it, you may get more understanding about what you can and cant do.
Keep your communications in writing, keep a file, and document everything.


I do hope this helps.

 

Thanks everyone for your words . Good forum

 

Buy a moto X bike........
It's "way" louder and can clear the hump

A ROW is for the use of other parties to cross over without stopping, so should a car be parked there (half on your side) you have the right to complain, they have no right to complain if you use their side of the ROW so long as you don't stop.