Right of Way - help

I have a Ducati multistrada with the baffles out termi exhaust , on the street . I could use it on the ROW
That’s the nuclear option as it is would give a Harley a run for the money in the noise stakes . But I’m not a prick - yet - if they spray me one more time - they will regret it

 

That's what suggested this morning.

 

The collateral damage is the child in the upstairs unit with the more obliging parents - but innocents get hurt in drone strikes so ...

 

After seeing the video, restraining order?

 

APVO
hard to get. I ned stalking and violence etc
If I lose , I pay court costs.

Second day she threatened to punch my head in and actually lifted her skirt to show me her underpants from 50 metres up the street
Cops came for that too, showed them my video - - usual result - “ she said you did this ... “

these people have no issues telling lies to police , without even seeing the videos i have!
I held back some video - don’t trust police.

 

I would think spraying someone with a hose is assault, or battery (not a criminal lawyer)

 

A Current Affair would love this. May as well make some money out of it!

 

what does the notation say on your title.
what are the terms of the easement, do you have the right for a vehicle to pass or just foot traffic ?
have you tried showing them the DP and easement description explaining to them your right to access the passage.
i'm guessing they are probably unaware of it.

 

They're bogan af but it seems like they genuinely believe they own that entire driveway. I'd present them with some evidence of that right of way if you have it.

 

It is assault
But police don’t want to take people to court
So they get the other person so say a different story - like they were provoked - problem goes away
I got cameras everywhere now so that the only way - film the whole thing , from the start
Police said if they can see the assault and no provocation - they will act then

 

You said they have a LL. I'd be contacting the LL and complaining too.

Plus, if they make actual threats, I'd get your wife to go with you to the police, crying that she's afraid that they are going to get more physical than just the hose.

 

@datto - do you need a short length of hose?

 

To whip the neighbour?

 

depends on the intention of the easement.

• right of footway
• right of way
• right of carriageway
• right of access

the terms written in the instrument document will specify the use.

Without knowing the full details it's merely a guess,
but, just because you have the right to pass doesn't mean you have the right to construct what you like over the property. They still own that land.
They may even have the right to extinguish or modify the said easement. (read the statement at the end of the document).

Generally you may only pass through and or over (to be determined), not use it as your personal driveway and or storage garage. (unless stipulated)

being nominated as 6ft wide, i doubt it was ever intended for a vehicle access.

again just a guess without reading the documents - reviewing plans etc.

a Registered Surveyor or a Lawyer specialising in property will be able to assist you with the interpretation of the easement. (or maybe the ordinance officer at Council)

 

I’ve read the plans - it doesn’t say bit given size and period it was use for the night cart to collect the ****. A horse and cart would come to collect buckets
The orientation was the path hugged the fence line - now the path is replaced with a driveway which veers off the fence line with a high lip
So- stand to reason- a scooter would be an acceptable use . Not a car

 

@Benjamiah - you need to for a complete title search (paid) and get a copy of the easement instrument not just the plan. This will describe the ROW fully with what rights you have over the land.

 

"it's the vibe"
i rest my case

 

Install a discrete (concealed !) solar HD video camera that covers the whole area (eg Ring) and gather evidence. Photos are useless. Use HD video and it gives the fulls tory and audio that accompanies it. Then **** the person over with suitable evidence of a regular assault. Assault can occur on their property or public areas. Keep doing that until APVO can be issued.

 

Update

Police rocked up this morning and said the camera i erected after the incident is an invasion of privacy

I asked them to cite some law - they couldn’t

I showed the the attached picture of my gate which shows a bit of the right of way but mostly of my gate , they realised they couldn’t do anything and approved it. I sent the owner and tenants same picture on Friday - and the police . Waste of time for them

I bumped into landlord today who said she’s going to lawyer about the camera and right of way

She’s from China and been in Australia 1 year s

she told me we can do this the easy or hard way - unbelievable - she’s gone straight to a lawyer even after my peace offerings

I advised her to do that - if she wants to waste money

She said she doesn’t care about money

will update later