Right of Way - help

Not sure how this applies Stoffo? Isn’t this like a rural track they are referring to - not a concrete or urban pathway? Sorry if I’m dim here - I don’t get it

 

Track, trail = unpaved or unmaintained access.

You really need to lodge a complaint with the tenants managing agent (if you can find who it is via a Google search of their address), this could get the tenant a breach/warning.

Also, an individual can't build over an easement without the written approval of each affected party (so in theory the concrete driveway is built over the easment, maybe you need "new" drainage and they have to remove the concrete ?).

• Right-of-way easement (easement of way) – is where people are allowed to pass through a defined strip of land on the property.
• An easement for services – is to convey essential services to a community of people. E.g. electrical, gas, water, or telephone lines.
• Easements of support (pertaining to excavations) – similar to an easement for services but will require excavation works e.g. establishment of drainage pipelines, natural gas lines power, telephone lines.
• Easements of “light and air” – this may restrict the construction of walls or buildings in favour of another party’s access to light and air (or views in other words).
• Rights pertaining to artificial waterways and sewerage – this deals with rights and restrictions for waterways, canals or sewerage.

 

I know I'm stereotyping here, but some Chinese really don't care how much it will cost. Do you not have a driveway, or any other way to get your vehicles onto the property?

 

No I don’t
I could spend 250k and get council to allow a car park under the house though ...

 

Shame you didn't have evidence.

So, this dispute with the neighbours has been going on for a while? It would be good if you could encourage them to move elsewhere.

 

Curiously - she moved to Australia first time 2 years ago
But bought the old block 2013
How can she buy without being a permanent resident?

She didn’t buy from a builder

Only repaired the garage - no improvements

I doubt she is married to an Aussie PR or citizen

there no way to get PR without being IN Australia for years! Oven been through this twice

I think her lawyer bought it for her in a scheme and she parking her money there. She didn’t move rents at all.

So - forced sale could be coming up...

She is so ignorant of basic landlord rules - I can easily see her being ignorant of what the FIRB even is

Tip off coming...

 

So, no property manager then?

 

There was ray white -but she was there yesterday arranging repairs so not sure what’s going on there. I have a number for ray white so will call them later

 

Reminds me of those tenants (NSW north coast) who "assumed" all the land was theirs to do with whatever they wanted......

Sounds like in your case they see a side fence and driveway and have assumed they own the land so you must be trespassing

Hope these "repairs" and or works they are organizing don't involve a locked gate at the boundary

 

Locked gates definitely illegal - that’s an easy one . They must keep ROW clear

 

The tenants don't seem to want to recognize the ROW, or really are nit picking over the use (swinging the bike wide to enter gate).

The property owner is ignorant and probably doesn't even recognize the ROW, she has a title and dislikes you......

After blocking the drive with a vehicle, anything is possible.

Never say never !

 

Police called today - want me to send my videos through - could get interesting

also - community justice called after police reffered the matter - I advised her I already put in request over a week ago
She said she will try to arrange meeting with the Chinese owner in 30 days.

I think they will regret being so picky -

 

I can’t see why the ethnic origin of the owner matters. Mentioning it seems a bit ‘off’ if it’s not specifically related to the issue.

 

Because I mentioned earlier how I can’t see how she bought the place legally - she has no idea of local law and language - so I don’t know how community justice will handle her even with a interpreter. She is not willing to tell me the actual owner. Although she verbally says it’s her - I don’t believe that 100% - there someone else involved .

She has Chinese ways. My wife is Taiwanese as I mentioned earlier - so “off” is not really the case . This is a cultural/language issue. I don’t judge by skin type . Clearly.

 

Why not just do a title search and find out. Would cost less than $20

 

Will wait till community justice - I guess they will want to k is her details then - they asked me mine

 

If you got a link to that would be helpful. Sorry don’t know where to look for that

 

Try this
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