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We have a carriage way we are the front property and the
We have a carriage way we are the front property and the neighbours the back. They park their cars on the carriageway right up and sometimes past our rear shed door. We are unable to drive into our sh… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
I have a question on Right of carriage way easement. i am
Hi , i have a question on Right of carriage way easement. i am the burdened lot. Can neighbour (the positive covenant ) park car on my driveway ? … read more
Leon
Leon
Solicitor
Master's Degree
52,685 satisfied customers
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
I own the burdened lot that has a "Right of carriageway
I own the burdened lot that has a "Right of carriageway variable width" which benefits a neighbour. The easement includes a driveway on it and there is a separate access part way along for the neighbo… read more
Leon
Leon
Solicitor
Master's Degree
52,685 satisfied customers
Leon, I have friends who live on a battleaxe block in
Hi Leon, I have friends who live on a battleaxe block in Sydney, with a Right of Carriageway over the front neighbours' land. Myself and other friends have been rudely abused by the front neighbour wh… read more
Leon
Leon
Solicitor
Master's Degree
52,685 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
52,685 satisfied customers
I am interested in purchasing a property that has a right of
I am interested in purchasing a property that has a right of carriageway to the property. From that carriageway, the existing garage door opening is limited tending the garage unserviceable. Door heig… read more
Leon
Leon
Solicitor
Master's Degree
52,685 satisfied customers
I live in Sydney NSW and I have a neighbour who is parking
I live in Sydney NSW and I have a neighbour who is parking their large SUV car partially across my driveway to the rear of my house blocking easy entrance to my driveway. We share an easement on a pri… read more
Leon
Leon
Solicitor
Master's Degree
52,685 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
We have a right of carriage way over a section of our neighbours
We have a right of carriage way over a section of our neighbours land on title. This is an area at the bottom of a shared driveway (owned by us and this 1 neighbour)which allows us to access our prope… read more
Leon
Leon
Solicitor
Master's Degree
52,685 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
Lawyer & Solicitor
Master
14,357 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
Lawyer & Solicitor
Master
14,357 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
52,685 satisfied customers
My question involves the use of a shared driveway.
My question involves the use of a shared driveway. specifically one where the lot has been divided so the driveway is divided in two down the middle and each half of the driveway has a "Right of Carri… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
Hi i recently purchased a lock of land which is a battleaxe
Hi i recently purchased a lock of land which is a battleaxe block. The purchase included a right Of carriageway through a neighbours property. This right of carriageway is the only access i have to my… read more
Leon
Leon
Solicitor
Master's Degree
52,685 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
Our neighbour is blocking our mutually owned battleaxe drive
Our neighbour is blocking our mutually owned battleaxe drive way with a large mound of dirt that he deliberately put there over six months ago. He also continualy drives mental star pickets at our gat… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
I have two questions in relation to a recent DA with Hornsby
I have two questions in relation to a recent DA with Hornsby council NSW. The first question relates to the allowable uses of a right of carriageway. I live in a battleaxe block and understand from my… read more
Brisbane-Lawyer
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 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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