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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have a right of carriageway between my house and my

Customer Question

Hi - I have a right of carriageway between my house and my neighbours house and they have built a shed on it. They also park thier car on half of it. They only have pedestrian access to their back yard as they extended their house, but I have double gates. The carriageway is only 2.4 metres wide, but could fit a small car down it into my yard.
I do have my airconditioning unit on the carriageway (which I could remove)
I have asked them to move the shed but they just wont (they say they are going to). The car is tricky as I said they could use the drive to park their car on their side of the easement - but I thoght they were going to clear the space - not take half of it. I went away for 6 months and I came back they had moved their services to be able to park their car. I felt like I could not ask them to move over more. But now I want them to move. This happened 3 years ago (a bit under). The shed is less than a year old.
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
If you wanted my address I can tell you - but can you not publish it on your website? I can include a copy of title as well
Expert:  Brisbane.Lawyer replied 1 year ago.

Hi,

Thanks for the title deed containing your right of carriageway.

You are clearly within your legal right to request they remove the shed. Is their car restricting your right of carriageway as well? that is, is it located on the brown shaded area on the title? If so, this can also be requested to be removed.

I can assist you by offering additional legal services to send a legal letter to your neighbour, advising that you reserve your legal rights, and informing them what will occur if they do not move the shed within a certain timeframe.

Kind regards,

James

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