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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
I have given my neighbor a right of Carriageway across my
I have given my neighbor a right of Carriageway across my land to gain access to his property . … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
I own land that is the recipient of a right of way (ROW)
Hi there, I own land that is the recipient of a right of way (ROW) easement (Landowner A - Dominant)). It is written as 9 foot or 2.7mtrs wide and covers a distance of approximately 95mtrs long with t… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
I have a right of carriageway that my neighbour is
I have a right of carriageway that my neighbour is continually using. My ROW does not service his property and he is not landlocked. I have asked him to use his own road access however my ROW is more … read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
Second opinion] We live on 5 acres in Wilberforce NSW
Second opinion] Good morning. We live on 5 acres in Wilberforce NSW adjoining about 25 acres of council land. Part of this land is operated by a group of local volunteers who run Australiana Pioneer v… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
My father purchased land from a neighbouring landowner in
My father purchased land from a neighbouring landowner in 1980 in the Blayney Shire.He had electricity connected paying for the transformer to accommodate all users in the vicinity and built a shed wi… read more
John Melis
John Melis
Lawyer
Bachelor's Degree
31,751 satisfied customers
The four and a half acres next door to us has been permitted
The four and a half acres next door to us has been permitted by Hilltops council here in Young nsw to be subdivided into 17 residential blocks much to our dismay. About 15 families in the area have pu… read more
Leon
Leon
Solicitor
Master's Degree
33,424 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
33,424 satisfied customers
Lot A is a small block of land (350m2) with a right of
Lot A is a small block of land (350m2) with a right of carriage way-easement Lot A is now consolidated with block B (3000 m2) due to a subdivision -realignment of boundaries total area 3350m2 Does the… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
NO, have a carriage way of 10mtrs along our boundary fence
NO , have a carriage way of 10mtrs along our boundary fence to property behind, it is used by us as a residential home and access road to the property behind as a weekender. the road is narrow, two cars cannot pass safely. Now the property behind is going to build and live there permanent who is responsible for the upgrade on the road for safety? … read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
Our land is 9.8 hectares we have two houses on it and the
Hi Our land is 9.8 hectares we have two houses on it and the department of mines and natural resources value each house separately using a fictitious 1 hectare of land for one house as the state gover… read more
kmslaw
kmslaw
Solicitor
Bachelor's Degree
216 satisfied customers
What are my rights with the Cessnock council when they will
What are my rights with the Cessnock council when they will not let you build due to no road being there but there is a Right of Carriageway through one of the properties to give access to 6 blocks of… read more
Leon
Leon
Solicitor
Master's Degree
33,424 satisfied customers
I have a question in regards ***** ***** planing and also state
I have a question in regards ***** ***** planing and also state environmental law do you have some one qualified in this area?… read more
James D. Ford
James D. Ford
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1,600 satisfied customers
The owner of an adjoining property has made a development application
The owner of an adjoining property has made a development application with local Council for subdivision of his land. The land in the DA is accessed by a Right of Carriageway (ROC) across my property … 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
Lawyer & Solicitor
Master
14,357 satisfied customers
A ROC is listed on our title deeds and lays out the standard
A ROC is listed on our title deeds and lays out the standard to which it must be kept ( Section 88B ) ie. 'a clay soil road generally passable by two wheel drive vehicles '. It also gives the percenta… read more
Leon
Leon
Solicitor
Master's Degree
33,424 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
Lawyer & Solicitor
Master
14,357 satisfied customers
I live on a right of way in St Ives, NSW and I have neighbour
I live on a right of way in St Ives, NSW and I have neighbour nearby that insists upon parking a mobile home opposite my access to my carport, making it extremely difficult for me to manouver or back … read more
Leon
Leon
Solicitor
Master's Degree
33,424 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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