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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
Lawyer
Bachelor's Degree
18,693 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
18,693 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
18,693 satisfied customers
Due to a separation I own a property that is beside my ex
Hi due to a separation I own a property that is beside my ex partners current property. Both properties were developed when we were together and there is only one drive way to the rear of both propert… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
, My property is a battleaxe block - I am at the rear.
My property is a battleaxe block - I am at the rear. I own the driveway which accesses my property. I also have one neighbour who has no driveway even though they are on the street front - they use my driveway to access their property ( a right of carriageway exists). This is not a problem for me. Recently the property on the other side of my driveway was sold - and the new owners have indicated that they want to also use my driveway for access and install a gate approx halfway up to access their rear deck without going through their own house as it is inconvenient. They are also street front and have their own driveway and garage adjacent to their front door. Do they have a right of access in this fashion? Does this mean that the general public have a right to use my driveway at any time? My new neighbours would likely need to construct a stairway on my property to access the gate and their deck - do they have a right to build a structure on my property? Thanks! Denis … read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
We have a driveway between two buildings....originally these
We have a driveway between two buildings....originally these two buildings were one property. One of the buildings was sold and the current owner owns 2/3rds of the Driveway/Laneway and the adjoining … read more
James D. Ford
James D. Ford
Lawyer
1,600 satisfied customers
we have been using part of the neighbours land for vehicle
we have been using part of the neighbours land for vehicle access to the back yard for 30 plus years.the previous neighbours did not object to us using the access. new owner wants to put up a fence to… read more
Leon
Leon
Solicitor
Master's Degree
32,717 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
Lawyer
1,600 satisfied customers
Easements: Hi, I live on a 1500m2 suburban house block on the
Easements: Hi, I live on a 1500m2 suburban house block on the western side of Brisbane. If you were on the street looking at our houses the situation is as follows: My house (A) on the left and my nei… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
I have a neighbour who is being a bully with threatening behaviour
I have a neighbour who is being a bully with threatening behaviour to get us to severely trim some trees on our property so he can have a better view. His house sits behind our house, higher up on a h… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
My land title states that my lot is burdened with a right of
My land title states that my lot is burdened with a right of carriageway and lists the neighbour to the north of my property as the lot benefited. The neighbour to the east of my property also uses th… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Note: This should be in the Australia Property Law
Note: This should be in the Australia Property Law Category. Our property has 2 points of access, both across land owned by neighbours, across which we have Right of Carriageway easements. 1. Main acc… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
The owner of the battleax property adjoining my land has a
The owner of the battleax property adjoining my land has a concreted driveway. Now he wants to build a fence from the road, right down along the driveway and along my property down to his property. Al… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
Our residential property title has an easement benefit under
Our residential property title has an "easement benefit" under section 167A of the TLA. The easement was originally a ROW [transferred in 1935, and noted similarly on each neighbouring properties titl… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
Our neighbours have fenced the boundery. The problem is we
Our neighbours have fenced the boundery. The problem is we have an easement to allow us access to our property. The situation is, we would normally drive off the main road onto the access road [they o… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
We own three of six units that have an easement of way over
We own three of six units that have an easement of way over a shared driveway to a house at the back of the units.The house owns the driveway.(It was all built around 1976-the house owner also owned t… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
I bought a property about eight years ago in Qld which had
I bought a property about eight years ago in Qld which had an easement across it to allow access. At the time I was told that responsibility for maintaining the driveway was the land owners. This has … read more
Leon
Leon
Solicitor
Master's Degree
32,717 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

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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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