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I need assistance with a council tree issue. The 2 trees
I need assistance with a council tree issue. The 2 trees were planted on an easement out the front of a neighbouring property. The trees are causing damage to my home, overhanging sky light only windo… read more
John Melis
John Melis
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Bachelor's Degree
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We have owned a property for 15 years now and we knew when
We have owned a property for 15 years now and we knew when we purchased it that there was a right of carriageway 20 m wide . The road though was always only fenced 6 metres wide and trees mid height have grown on both sides within that 6 metre gap. This has led to road erosion and difficulty for the dominant Tennant to maintain road. However as there property had no dwelling over that time the dominant Tennant has no worried to request changes to the fencing . Now the dominant tenant wants to sell to his son who plans to build and live on the property. He wants to remove all of the trees and both fences on either side at no cost to himself to have them replaced for our livestock. As well the enlargement of the road means it comes within 19 metres of our houses and we are on 6.5 acres creating significant dust and noise issues. We would like the easement moved to the boundary away from our home. Currently the easement is an old dairy access road that runs through the centre of the property. How can this be achieved. Also if it can't can we put an unlocked gate so we don't lose use of the .5 acres of land being planned. … read more
John Melis
John Melis
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Bachelor's Degree
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Would be great if you could please assist with off the plan
Hi there! Would be great if you could please assist with off the plan settlement risk. We've bought an off the plan property in Melbourne CBD which is due to settle next month. We've paid off the 10% … read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
I live in WA and have an easement on our property. The
Hi, I live in WA and have an easement on our property. The easement was created 34 years ago, so has been around for quite some time. There is quite a backstory, I hope you stick with me...The benefit… read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
We own 1 of 4 lots (formed in 2001, Torrens subdivision NSW)
Hi, we own 1 of 4 lots (formed in 2001, Torrens subdivision NSW) semi rural 10-15 acres in size. There's only one entry to all properties. Lot "A" on left, borders full length of access road, Lot "D" … read more
John Melis
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Do you have South Australian Legal advice as it is a
Do you have South Australian Legal advice as it is a property concerning right of way. I was referred to a Brisbane lawyer but I know each state has different interpretation of right of way. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Our neighbor that lives directly behind us of the main
Our neighbor that lives directly behind us of the main though fair after 5 years has asked us to stop using his access road to our property dwelling. Do we have the right to inforce a easement as his … read more
John Melis
John Melis
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Bachelor's Degree
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I live on a battle axe block adjacent to our neighbours battle
I live on a battle axe block adjacent to our neighbour's battle axe block. As a result there is a 3 metre right of carriageway or easement on each block making a 6 metre wide shared easement, as each … read more
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Hi I purchased a property 18 months ago that I have now found
Hi I purchased a property 18 months ago that I have now found out has a right of way and easement for services 8 wide, running parralell down the eastern boundary of both the neighbours block ( burden… read more
Daniel
Daniel
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we have a 50 acre rural property in Somersby nsw that has a
we have a 50 acre rural property in Somersby nsw that has a right of carriageway and easement for services to a wedding reception facility on 5 acres. the wedding reception also has access to its prop… read more
Daniel
Daniel
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Bachelor's Degree / Graduate Diploma
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hi, we have lived on this property for 9 yrs, it is 5 acres
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 … read more
Daniel
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I have a Council Easement at the back of my property. When
I have a Council Easement at the back of my property. When purchasing this property I gained legal accesses, putting a motorised vehicle across the easement, to the back back entrance. Now Council hav… read more
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EASEMENT FLOODED WHAT ARE MY RIGHTSI own acreage.I have
EASEMENT FLOODED WHAT ARE MY RIGHTS I own acreage. I have access rights over an easement of a neighbours property to my acreage. I Dominant he Servient. The easement on survey plan is 20 metres wide.T… read more
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EASEMENT FLOODED WHAT ARE MY RIGHTS I own acreage. I have
EASEMENT FLOODED WHAT ARE MY RIGHTS I own acreage. I have access rights over an easement of a neighbours property to my acreage. I Dominant he Servient. The easement on survey plan is 20 metres wide.T… read more
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How far should a boundary fence be away from an access road
How far should a boundary fence be away from an access road leading to an adjacent rural property… read more
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We own a house which is one of eight sharing an easement for
We own a house which is one of eight sharing an easement for water drainage. All the houses involved are under 20 years old. Neither the Council nor Sydney Water want to get involved. One of the owner… read more
Leon
Leon
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We have 1 hectare of land that our residence is on. there is
We have 1 hectare of land that our residence is on. there is an easement running along the back fence. this easement finishes approx 8 metres short of the length of our land. There is a development of… read more
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What is the law regarding neighbour cutting branches of trees
What is the law regarding neighbour cutting branches of trees and shrubs then throwing them back on your property, on driveway and in garden etc ?… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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