Hi, is the right of passageway a registered easement ?
Have you considered installing a cattle grid to stop your cattle from straying into the neighbours property or onto the main busy public road..
Yes to first
The bulldozers will be owned by a local earthmoving operator, maybe you can stop this happening by directing your focus to this company in the first instance.
Second the cost is out of our reach no funds for this
Bulldozer owner had no idea he was doing the wrong thing was assured by the commune it was legal
You have previously sent legal letters... what has been the jist of these letters.. can you copy the text.. so I can understand..
Now that Bulldozer operator has been advised.. will he stop..
The legal letters were asking them to close the gates but to no avail
What does the easement say ?
That they and their people plus visitors may travel . Cannot park or build on the right of passageway. They do park in the wet seasons though.
They do not respect our right to have animals held in this area it is our holding paddock, yards over a bit from the area. We may only use every 6 /8weeks for a night or as last two weeks back put a heavily in calf cow overnight to watch her as she was a bit poor. The cow has disappeared both gates were open when we went to check on her. So it goes on
It sounds like a terribly frustrating situation.
They thumb their noses at us my husband is 80 yrs old I am 77 we are treated like a joke to them. will blatantly come through the gates and just drive off.
Any steps you take to enforce your rights legally may cost more than the cattle grid... and may still not practically solve the problem as you still have to enforce any court order.
There is a legal remedy in NSW whereby you can apply to the court..
An easement can be modified or extinguished by agreement, like a deed of release, or by court order. Examples of easements that can be extinguished by court order are those where the use of the land and the neighbourhood has changed, making the easement obsolete; or where the easement has not been used for at least 20 years (Conveyancing Act 1919, section 89).
Under section 89 a person can apply to the court for an order declaring whether an easement exists over particular land, and its nature and extent and also for an order to enforce an easement.
You would legally be seeking a court order to enforce the strict wording of the easement, or to modify it so that it specifies that gates must be closed, etc. so there is a practical solution.
It is a nightmare my husband cannot let it go .Last evening we were ready to retire and had a phone call to say our cattle were about 100 mts off the main road very busy@ anytime. For the last 3 weeks we have constantly night and day putting our cattle back in . We have written to each councillor in our shire and have no solution from them as yet. Before I always wrote to the Council and asked for the letter to be tabled the answer was it is a private matter. This does not stop the impounding officer from giving us nasty letters so that is why I wrote to each councillor
We have been quoted $40.000 for a council regulation grid and gate
Wow, that is expensive.
The problem with any legal solution is that you still need to enforce it.
Does the current easement prescribe anything in terms of closing gates when access has been gained, etc. ?
I personally do not believe that my husband and I are in condition to have this stress I am recovering from a stroke. We manage the best we can with some help from a son when he can. He of course is so over these people as well.
No it does not say anything about gates but they have always been there -theirs and ours
Is there a cheaper solution whereby springs are fitted to the gates so they close unless held open.. just an idea..
Whilst there is a legal remedy to apply to the court to modify the easement so that it specifies detail regarding the use of teh gates, I honestly do not know how successful it will be able to be enforced on a practical level.
I have to go now... please let me know if there is anything else I can do to assist, kind regards, James
and I will attend to it later today.
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