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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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The right of way to my property and 3 other properties goes

Customer Question

the right of way to my property and 3 other properties goes through another property it has been there for over 50 years and used to be a registed fire trail until a few years ago we have been told part of the right of way is outside the mapped easement and the property owner has told us he is going to land lock all of us out can he do this and can we win this case in court
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

So you have no other access to your land apart form this right of way?

Customer: replied 10 months ago.
no
Expert:  Leon replied 10 months ago.

How can you be landlocked if you have other access?

I cannot tell you if you will win your court case because I do not have all the information but if the ROW is not required because you have pother access to your property then the court may consider no registering it and extinguish the equitable rights you have due to pas use.

Customer: replied 10 months ago.
Not happy with ur answer I said there is no other access what happened to a detailed answer this is shit I want a refund u are ripping me off and not even trying to answer my question
Expert:  Leon replied 10 months ago.

When I asked "So you have no other access to your land apart form this right of way?"

you response was "no"

If you have no access apart form this then the court will find in your favour.
I am happy to opt out

Customer: replied 10 months ago.
u are saying that the court would act in our favor even though a section of the track is out of the mapped easement
Expert:  Leon replied 10 months ago.

Good Morning

If your only access to the property is the ROW then yes.

If he has not filed his application to extinguish it then I would be suggesting the properties that rely on this file their own application to have it registered as an easement on the titles and make it permanent.

This is done under Section 88K of the conveyancing Act

Here is some information

http://www.cbp.com.au/publications/2012/may/obtaining-an-easement-over-the-land-of-an-uncooper

You would be getting in and seeking that the current easement stay and be made official. You would have to have a Surveyor draw it up and you provide it to the court and seek an order that they make this easement permanent.

Do not wait for him to do anything. Get in first and make him fight you not the other way around.

I hope this makes sense?