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We own a battle axe block of approximately 15 acres. The…

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Hi Pearl, We own...

Hi Pearl, We own a battle axe block of approximately 15 acres. The handle of the axe, (laneway) has an easement access across it to allow access to my neighbouring property. This person and I had a falling out over un-attended camp fires in a high fire zone and 20-30 knot gusting winds. He has since claimed this access is his private land and has barricaded us from in or out entry with his car parked on the easement blocking right of way. Can you advise where we can aquire the correct by-law on this matter please. Kind Regards, Peter

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Qld

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 8 months ago.Category: Australia Law
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Answered in 4 hours by:
9/17/2017
Solicitor: Daniel, Solicitor replied 8 months ago
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,930
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified
Hello, you have a right to have the vehicle removed.
I would perhaps suggest speaking with this person and see if you can perhaps resolve the matter in some amicable fashion, as he is very much in the wrong here.
You can however have the vehicle towed away if her continues to keep the vehicle there.Please click accept and rate my service (with the stars). I am able to answer further questions after doing so at no further cost.
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Customer reply replied 8 months ago
Again, can you please advise where I can Aquire the correct bylaws on this matter ??
Solicitor: Daniel, Solicitor replied 8 months ago
There would not be any bylaw, just the easement would it not? It is not strata?
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Customer reply replied 8 months ago
I am aware he cannot park a car or barricade the access on my land, but I need the legal document that stipulates what he can and can't do with this easement, which I thought would be a bylaw ? The only thing I can find with the DNR or titles office is that he has the right to cross our land to enter his property, and that's all there's available it appears.
Solicitor: Daniel, Solicitor replied 8 months ago

Do you not actually have a copy of the easement on title?

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Customer reply replied 8 months ago
but it says nothing about the barricade he has installed which has locked us in our property, which is against the law is it not ?
Solicitor: Daniel, Solicitor replied 8 months ago
Well it is against the law, as an easement is that simple really.
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Customer reply replied 8 months ago
Again, I'm aware it's against the laws, but we're do I get the documents to prove that?
Solicitor: Daniel, Solicitor replied 8 months ago

Hello

Sorry for the delay. The easement alone will be enough to prove that them obstructing the area and it is illegal to do so.
Do you not have the document?

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Customer reply replied 8 months ago
Sorry Daniel,
Had another altercation with them last night and spent the entire day trying to get the police involved as I now fear for my life as well as there's. They are constantly trying too provoke me into swinging a punch in a staged set up. Very cunning scumbags I call them. Police keep making excuses to attend the problem in hand and so it goes on building up my frustration and blood pressure.
Can you tell me the process of how I can set up a restraining order on the two of them, please ?? I've never had to do this before and totally green on the process.
Kind Regards Peter(###) ###-####
Solicitor: Daniel, Solicitor replied 8 months ago
Contact the police. Have them conduct an enquiry and have a restraining order attended to.
Hopefully they will push to resolve the mstter also.Please click accept and rate my service (with the stars). I am able to answer further questions after doing so at no further cost
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Customer reply replied 8 months ago
I've contacted police link and talked to them about a restraining order on the two people in mention and also put a formal complaint in, about the two policemen that attended the situation on Saturday because they chose to totally ignore my land ownership claims and created this whole ordeal. They had the power to remove the barriers and vehicle and allow my truck delivery to proceed, but instead they believed this turkeys claim of ownership of the easement and that I was trespassing. I have an appointment with police later today sometime. I will return the news of this when I get some answers. Cheers
Solicitor: Daniel, Solicitor replied 8 months ago

Keep me updated.

At this point, I respectfully ***** ***** have answered the question correctly. Please rate my service with the STARS provided.

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Daniel
Daniel
Daniel, Solicitor
Category: Australia Law
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Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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