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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
18,693 satisfied customers
A land easement running through our property title as a
a land easement running through our property title as a water carriageway, in favour of the farmer / title behind us is to become redundant, It flows from a GMW (Goulburn Murray Water )channel waterwh… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 satisfied customers
Use of Existing Easement. None except they have told us that
None except they have told us that they are going to leave the roller door open continuously for the next eight weeks so that their clients and anyone else can enter our premiss. … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
18,693 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
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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
32,717 satisfied customers
I own a property at the end of a driveway which forms part
I own a property at the end of a long driveway which forms part of my parcel of land. A neighbour has a right of carriage over this driveway. What I am wondering is do they have any legal right to par… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
By our choice and cost, an electric gate was installed on a
by our choice and cost, an electric gate was installed on a right of way easement. we are the servient our neighbour is the dominant tenement. The neighbours brother went to the electric gate and was … read more
Patrick H.
Patrick H.
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5,422 satisfied customers
Hi Leon, My neighbour recently removed some of his driveway
Hi Leon, My neighbour recently removed some of his driveway that had encroached on my property. This removed section of his driveway linked his property to my driveway over land which he has a right o… 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
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1,600 satisfied customers
We have a right of carriageway on our property that allows
We have a right of carriageway on our property that allows access to a neighbours who is land locked. The neighbour has 2 gateways for vehicles off the right of carriageway. Is this legal or is he onl… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
I would like to know what rights are conferred on the dominant
I would like to know what rights are conferred on the dominant land owner or tenant by a "Right of carriageway variable width" which has the following text on the plan lodged with the creation documen… read more
Brisbane-Lawyer
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
Q: Keeping my property gate closed at Right of Carriageway. My
Q: Keeping my property gate closed at Right of Carriageway. My neighbour and I have adjoining industrial zoned properties both with our own main access gate and right of carriageway on each block on o… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
My question relates to a right of carriagway. I am the dominant
My question relates to a right of carriagway. I am the dominant tenement and have always maintained the carriagway, I have always allowed the owners of the burdened land to use the carriagway as a mat… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
right of carriageway : does the right of the dominant proprietor
right of carriageway : does the right of the dominant proprietor and his tenants agents workmen and visitors include delivery trucks delivering goods to the proprietor where the proprietor is conducti… read more
Patrick H.
Patrick H.
Lawyer
5,422 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
Solicitor - Admitted 2005
Master
14,361 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
I have a rural property in NSW that has listed on the title
I have a rural property in NSW that has listed on the title a "right of carriageway". I am trying to clarify what rights our neighbours have in the use of this access. In contacting Land Title Office,… read more
Leon
Leon
Solicitor
Master's Degree
32,717 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
Solicitor
Master's Degree
32,717 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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