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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
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
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
When I bought my house 8 years ago the neighbor and I shared
When I bought my house 8 years ago the neighbor and I shared half a driveway. Access for my property has existed for 30 years. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 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
33,424 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
33,424 satisfied customers
I own a battleaxe block in Sydney. Access to my residence
I own a battleaxe block in Sydney. Access to my residence is by a carriageway/driveway 38.1m in length and 3.05m in width. My adjacent neighbour has right of way and owns .305m of variable width land … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
Hi Leon, Our neighbours have a right of carriageway over our
Hi Leon, Our neighbours have a right of carriageway over our land as in the past they used our driveway to get to their carport. However, they have since demolished the original house and built a driv… read more
Leon
Leon
Solicitor
Master's Degree
33,424 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
Solicitor
1,600 satisfied customers
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
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
I have a poperty in NSW that has access through a 2.5 metre
I have a poperty in NSW that has access through a 2.5 metre and variable width right of way carriageway. my garage is within 3 metres of the determined dimensions of the carriageway and if I park my c… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
I HAVE WHATS CALLED A BATTLE AXE PROPERTY MY SURVEYOR TELLS
I HAVE WHATS CALLED A BATTLE AXE PROPERTY MY SURVEYOR TELLS ME I OWN MY properety my neighbour tells me they have right of access, in other words can use my drive. Also my neighbour has told me I cann… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,663 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
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
33,424 satisfied customers
I am the owner of an urban dwelling in the city of Lake Macquarie.
I am the owner of an urban dwelling in the city of Lake Macquarie. I have lived in the house for 10 years. Previously there was only one owner, who built the house about 35 years ago. The house is on … read more
Leon
Leon
Solicitor
Master's Degree
33,424 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
Hello. I am just googling about Title by adverse possession
Hello. I am just googling about "Title by adverse possession" and found your website. I have recently purchased a one acre property in a rural zone in Tasmania. When the builders did a final measure t… read more
Peter G.
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
I have purchased a house in March this year, from the road
I have purchased a house in March this year, from the road there is access onto the drive and I have a double car port in my backyard that was erected over 20 years ago. The access to the garage is fr… read more
Maurice
Maurice
Lawyer
Master's Degree
1,980 satisfied customers

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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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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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