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it is a criminal offence that you have committed
the only defence you have is that it was in an easement that it should not have been over.
Before you do anything like this you need to notify the neighbour and advise them to move it and then contact the relevant authorities of the breach by the neighbour
and they will take it onto account.
Have read that you have had altercations with the neighbour over this issue it seems to me that you should not attend court on your own and that you should have a Solicitor represent you.
The history between you may give the court an indication that this was deliberate and maliscious and pre meditated and you will be found guilty.
I hope this is of assistance and if so please click on the accept button
What relevent authorityis there to report breach to. Are you familiar with Queensland Property Law?
The authority would be the council
as they approved it
I have some knowledge of QLD property Law
they are all similar Australia widw
Councils are the bodies that require rights of way to be put into place to allow access between properties.
so they are also the ones that make sure that nothing is done that is illegal
that impedes the use of the easement.
The council has no authority in this matter. The easement agreement is between the two property owners and has nothing to do with the council. The easement is owned by me and the other party has a written right registered over my property solely for moving from the road to his property. I believe your information about the council is 100% incorrect.
is it registered on the title?
do you have terms and conditions set out when the easement was created?
this is what you need to the rely on
It is registered on the title, dated as when created, and sets out terms and conditions.
and the terms and conditions say that nothing is to be placed on the easement
The easement document states what can happen on the easement.All other rights ot the owner of the easement are the same as any person has over their property. I cannot walk in and build a house on your house block, claim it is mine, and tell you to leave it alone. You would have the right to remove it, I believe.
Leon, I have to go pick my wife up at work. Will be back within half an hour. What country are you in?
in that case you would have to sue the neighbour and seek an order for the illegal structure to be removed
undeer the terms and conditions of the easement which they agreed
you cannot simply take it on yourself to remove it
as it is a private agreement your avenue then is the sue yourself civily
I am in Australia
Another train of thought, if something is fixed to a property, it becomes part of that property and a possession of the owner of the property. Is this statement correct? Since the water line is intended to be a permanent fixture on my property eventhough it is not held in place by any fastenings, is it my property or the property of the person who put it there?
fixtures do go with the land
but if they are connected to another persons land you cannot own them
that is like saying the gas and water pipes are yours because they are on your land
that is not the ase
they are fixtures
but not yours
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