QLD Easement - Keeping Horses Off the Creek Banks?

[Rod]

My driveway/creek bank has basically become the local crossing spot for the Pony club! there is (was) at least 10 different horses going through there.

Maybe you can strike a deal with the pony club. In return for you allowing limited access, they will repair all damage to creek.

 

[Jazzy77]

Maybe you can strike a deal with the pony club. In return for you allowing limited access, they will repair all damage to creek.

It wouldn't work, for one they would all pass the buck on who would maintain it,then once the track becomes un-trafficable, they will just move closer and closer to my bridge.

Then how do you Police limited access? i can't see the area from my house so it relies on me physically being there to see who goes there.

Then if I let up to 10 horses go through the area, how quickly would it then become 20? 30? And again what happens if one of the horses sufferers from an injury? Who would they look to sue? Me!

Plus it also comes to enjoying the peacefulness and privacy of your own property without having to wonder who is that on the horse? Where do they come from? I should be allowed to enjoy the serenity of my own property without having to deal with trespassers.?

 

[Rob Legat - SBPL]

Inform the owner that if he wishes to use your property for the movement of cattle, then he must produce to you the required Livestock Movement Record: including details of who is moving them, where from, what the animals are and a description, the number of animals, where they are going, the date of movement, and of course the required serial number. No movement record, no usage. False movement record? Refer him to the Biosecurity Queensland for investigation.

 

[Clancy]

Maybe you can strike a deal with the pony club. In return for you allowing limited access, they will repair all damage to creek.

You definitely do not want to do anything like this because of liability laws.... Further to this, you need to have plenty of evidence that they do not have your permission. Weather they ignore that or not is besides the point, you need to make a reasonable effort to communicate they do not have permission.... That is just to protect you from any liability issue.

If you ever did give them permission, It is entirely plausible that if they degrade the pathway and you do not run down there and repair it behind them and one of them comes through afterwards and falls as a result, you will be liable.

 

[Jazzy77]

Inform the owner that if he wishes to use your property for the movement of cattle, then he must produce to you the required Livestock Movement Record: including details of who is moving them, where from, what the animals are and a description, the number of animals, where they are going, the date of movement, and of course the required serial number. No movement record, no usage. False movement record? Refer him to the Biosecurity Queensland for investigation.

I am pretty sure he would not let me know that he is going to shift the cattle in the first instance, and i am pretty sure if i asked him for a movement record he would tell me where to go!

You definitely do not want to do anything like this because of liability laws.... Further to this, you need to have plenty of evidence that they do not have your permission. Weather they ignore that or not is besides the point, you need to make a reasonable effort to communicate they do not have permission.... That is just to protect you from any liability issue.

If you ever did give them permission, It is entirely plausible that if they degrade the pathway and you do not run down there and repair it behind them and one of them comes through afterwards and falls as a result, YOU will be liable.

I had 2 girls down there last night, and as soon as they saw me filming them, they hightailed it. They returned 15 mins later when they thought I was gone and went to check the no trespassing sign I put on the fence. I yelled out, "that is private property leave it alone, you are trespassing on private property", then comes "Are you filming me? Are you filming me? You can't film me, you do not have my permission to film me!"

"I most certainly am filming you, and I have every right to film you..."

I have fenced the area, and have planted quite a number of plants there to hopefully impede there progress a little further. And yes I have no doubt that they would try to sue me, should anything happen to the animal or rider.

 

[Clancy]

If the girls were underage, then you might not actually have a right to film them?

A fixed security camera would get around any such issue in future.

 

[Jazzy77]

They are about 14 to 16 years old. We are on solar power here and the area is around 500mtrs from our house, so it may be hard with a fixed camera.

 

[Clancy]

Just be careful, because you don't want to give anyone an excuse to throw any kind of pedophilia claim at you... There is a lot of hysteria on this subject....

I have seen a lot of cases with exceedingly lame evidence and the poor guy is treated like subhuman with no legal rights at all, just having to sit there, shut up, and take whatever punishment is thrown at them.

 

[Jazzy77]

Normally my son is there with me, he is of similar age (14) so I could always hand the camera over to him if I had too?

 

[Rod]

You are within your rights to film trespassers on your property. You can also advise the police this is what you intend doing and why before you start any filming if you have any concerns about 'inappropriate filming'.

You need to take action of some kind if you want to protect your rights. As pointed out earlier you need to find out what rights are involved with the easement, then you should take steps to exclude anyone not given rights by the easement. That is your starting point.