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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
Lawyer
Bachelor's Degree
31,751 satisfied customers
We have a carriageway easement on our innner-city land which
We have a carriageway easement on our innner-city land which benefits only one neighbour, who has alternative road frontage. There has been a lockable gate across the easement for many years to which … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
How strata complex has discovered that some carports and the
How strata complex has discovered that some carports and the driveway pass over an old water drain easement. This hasn't been an issue until Plans were submitted to Shire for new carports. Warter Corp… read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
My wife and I are the owners of an 80 acre block in the
My wife and I are the owners of an 80 acre block in the Fruereo … read more
John Melis
John Melis
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Bachelor's Degree
31,751 satisfied customers
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
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We own a battleaxe block in the Sydney Warringah Council
hi Patrick,We own a battleaxe block in the Sydney Warringah Council area. in the mid 1980's prior to our purchase of the property the original right of carriage (3,500 wide) to the property was swappe… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
There is a driveway adjoining our land which is owned by our
Hi, there is a driveway adjoining our land which is owned by our neighbours who live behind us on the same street. This driveway leads to their house and is their only access point. We have a right of… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Easement agreement interpretation please The grantee will
Easement agreement interpretation please The grantee will not erect any fencing along the road so contracted within the boundaries of the grantors land without first obtaining the grantors Vincent the… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
We have a legal right of carriageway 5 m wide over track in
Customer: We have a legal right of carriageway 5 m wide over track in use through two properties A and B, established 2003 and is attached to our property title. We the dominant tenements are obliged … read more
Leon
Leon
Solicitor
Master's Degree
52,679 satisfied customers
We live in NSW in the Willoughby Council area. We own a residential
We live in NSW in the Willoughby Council area. We own a residential battleaxe property including the driveway up to the main street, and are therefore repsonsible for all maintenance/repair costs. We … read more
James D. Ford
James D. Ford
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1,600 satisfied customers
which tenement is obliged to provide gates to access a right
which tenement is obliged to provide gates to access a right of carriageway, the dominant tenement or the subservient tenement… read more
Brisbane-Lawyer
Brisbane-Lawyer
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Master
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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
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 satisfied customers
Hi, We have a question in relation to an easement that is detailed
Hi, We have a question in relation to an easement that is detailed on the title to our property which is an easement for access to our land. It is a rural block. The easement runs through our neighbou… read more
Leon
Leon
Solicitor
Master's Degree
52,679 satisfied customers
I am the owner of a preoprety enjoying a unrestricted right
I am the owner of a preoprety enjoying a unrestricted right of way in South Australia. Prior to our purchase of the property both sides of the easement were fenced. The fence was removed by the owner … read more
Leon
Leon
Solicitor
Master's Degree
52,679 satisfied customers
My property is the servient tenement of a right of carriageway
My property is the servient tenement of a right of carriageway (my driveway). The dominant tenement (DT) uses the carriageway to access the garage at the front of his property. He also uses it to driv… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Hi We live in rural NSW- our neighbour has constructed a fence
Hi We live in rural NSW- our neighbour has constructed a fence and gate across our right of carriageway, not on his boundary. He is currently constructing another fence and gate across the entrance to… read more
Peter G.
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
Our next door neighbour is in the process of putting up a fence
Our next door neighbour is in the process of putting up a fence on the easement between our properties. However this will block our access into our back yard where we park our cars. Are they legally e… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
We are the dominant tenement in a registered easement. The
We are the dominant tenement in a registered easement. The owner of the property over which the easement runs has without any consultation placed a fence and locked gate over the easement and wants us… read more
Leon
Leon
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Master's Degree
52,679 satisfied customers

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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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