We have a legal right of carriageway 5 m wide over track in…

Good Afternoon

Does the Covenant that creates the ROC state who is responsible for what?

Can you show that the use they are making is causing damage to your section that you have to upkeep and also the balance is not useable because of their use?

Their use would be determined by the zoning of the land.

Did the previous owners use this driveway as well to get access to their property?

What does it say about its use?

Does it stipulate what the ROC is to be used for?

It appears to me that they are in breach and you may have an action against them but this has to be in the Supreme Court. It may also be a case where the land and environment court may get involved.

The covenant has to be read properly and all the photos of before and after provided as evidence.

It is not going to be a cheap exercise and your first step will be to see a solicitor with all the information I have suggested and have then write to them and demand the cease the activity as it is a breach.

So this activity has only been recent and you have raised your concerns and have evidence of this?

It does not asy that they can run a business on it so I think there is a breach.

The quicker you get this sorted the better.

Also you should see if you can get anything from council about when it was all created and see what notes they have. You should be able to get it under the old Freedom of Information Act now called GIPA

All the best. if there is nothing further have a great new year and

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon

Good Afternoon

They would have approved it before it could have been created and registered. They will not mediate between you though or say that the others are in breach this is a matter for the courts.

If they are breaching the zoning of the land then the council will get involved but not in a dispute about the ROC and whether it is a breach of the covenant.

GIPA is and Government Information (Public Access) Act

Here is some information

http://www.ipc.nsw.gov.au/gipa-act

It is the old Freedom of Information Act but they changed the name

Section 28 suspends laws for the purpose of development.

Here is the section

http://www.austlii.edu.au/au/legis/nsw/consol_act/epaaa1979389/s28.html

Di you know if the Council have changed anything in your area and is this a development? I don't think it is.

Yes but does the zoning permit them.

This is really a matter a Town Planner should be looking at.

I do not have the Zoning of the area and what can be done.

if they do not comply with what you have just told me it is illegal

I completely understand

It is hard many times to respond with very limited documents but I am happy I am able to guide you.

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards
Leon