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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3506
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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hi, we have lived on this property for 9 yrs, it is 5 acres

Resolved Question:

hi,
we have lived on this property for 9 yrs, it is 5 acres and to access it we use a registered easement 18m wide at road end and 13m wide at our front fence, the easement runs through the middle of another property, recently the owners of the front property passed away, it has been inherited by their relative , he has since been on a mission to shrink the width of the easement mostly through the planting of trees on the easement, we can still drive between these trees to access our front gate - generally we drive on 1 dirt section through the center of the easement, but would much rather see the easement remain at its registered width, easement length is 100m and at times we need to pass other vehicles going the other way, also delivery trucks usually use house end of easement to turn around, there are also some existing trees on the front end of the easement (these are not in the way aside from overhanging branches that do not get pruned back) he has also constructed a post and rail fence (at front of and on) easement but parallel with easement boundary approx 2m inside line of easement, are these infringements to easement access legal ?? he claims he can do this, also can he fence across front of easement and make us open gates for access ?? he also likes to leave rubbish, i.e tree pruneings (often larger branches citrus, bouganvilla, etc), wire, fence mesh, stakes , along sides of central dirt
track for a few weeks. And has even recently taken to tipping his fire place ash / charcoal / leavings on the dirt track - have picked out nails from this and confronted him about this (says he will stop this one, but is going to continue to plant on easement). just want to know where we stand on these issues, any light you can shed will be much appreciated. Easement is registered for access and services access, there are overhead power lines that come through trees at front of easement.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

The easement is registered and valid. He under no circumstances must inhibit reduce or restrict your right to use that part of the land.

In regard to a remedy, you can remove the trees as well as demand formally that they clean up the property or face legal action including a cleaning fee for the trees etc.

Such matters are very serious, especially if the easement has been enforced for such time.

Please accept
Customer: replied 1 year ago.

thank you for this,


so he cannot plant anything on any part of the easement,?


further to the question of a fence/gate across the entrance to the easement, is he allowed to do this,?


thanks again,


john


 

Expert:  Daniel replied 1 year ago.
Hello

He cannot plant trees, but can have a gate over the easement, not a fence restricting any part of it no.

Please accept.
Customer: replied 1 year ago.

hi daniel,


thanks again,


so if a gate was to be installed it would have to be 18m wide.?


as this is the width of the easement at the front, (road end)


to provide non restrictive access ??


john

Expert:  Daniel replied 1 year ago.
Yes, unless agreed upon by you to fence a portion of it.

Please accept
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3506
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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