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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
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What is the difference between right of access and right of
What is the difference between right of access and right of carriageway? … read more
Leon
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, 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
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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
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We bought a property with a driveway right of carriageway.
We bought a property with a driveway right of carriageway. This land was divided into 3 & our property is in the middle. Our front doesn't use this driveway as the road is in front of their property. … read more
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We have a driveway between two buildings....originally these
We have a driveway between two buildings....originally these two buildings were one property. One of the buildings was sold and the current owner owns 2/3rds of the Driveway/Laneway and the adjoining … read more
James D. Ford
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Dear Sir/Madam, The house next door has an easement/right
Dear Sir/Madam, The house next door has an easement/right of way up the side of our property. It is quite old and very hard to interpret. Our next door who has the benefit if the easement has cause us… read more
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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
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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
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Hi I own a rural property approx 100 acres and in 2003 I created
Hi I own a rural property approx 100 acres and in 2003 I created a 2 lot subDivision which created a small lot approx 3 acres and there was an easement carriageway which was to service both lots as pe… read more
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We have a right of carriageway that actually comes through
We have a right of carriageway that actually comes through our neighbours property into ours. So they are crossing their own land first The people are a collective commune but will not use the surveye… read more
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we bought a 10 acre farm 3 years ago and our neighbour is trying
we bought a 10 acre farm 3 years ago and our neighbour is trying to get us to give him access across the front of our cottage,as his block was sold to him without legal access,seemingly his right of w… read more
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Hi. My question is in relation to a shared private/residential
Hi. My question is in relation to a shared private/residential driveway in which there is a right of way in the property contract (we both own half each). The driveway runs tightly between the two hou… read more
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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
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EASEMENT FLOODED WHAT ARE MY RIGHTSI own acreage.I have
EASEMENT FLOODED WHAT ARE MY RIGHTS I own acreage. I have access rights over an easement of a neighbours property to my acreage. I Dominant he Servient. The easement on survey plan is 20 metres wide.T… read more
Patrick H.
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Note: This should be in the Australia Property Law
Note: This should be in the Australia Property Law Category. Our property has 2 points of access, both across land owned by neighbours, across which we have Right of Carriageway easements. 1. Main acc… read more
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I bought a property about eight years ago in Qld which had
I bought a property about eight years ago in Qld which had an easement across it to allow access. At the time I was told that responsibility for maintaining the driveway was the land owners. This has … read more
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Hello, we have an easement off our driveway for our neighbours
Hello, we have an easement off our driveway for our neighbours access. We would like to put a gate on our side on the easement that means they would have to open and shut the gate when driving in and … read more
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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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