QLD Easement - Keeping Horses Off the Creek Banks?

[Clancy]

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.

That is a good idea advising the police of your filming... They will also point out any ways it could be legally problematic

 

[Jazzy77]

Rod, I have contacted the titles office and they basically state.

but you can, of course, deny anyone access to your land if they do not have the right to use it.


I trust this information has been of assistance.

That is a good idea advising the police of your filming.... they will also point out any ways it could be legally problematic

Well actually, it was the Police that suggested that we do the filming in the first place, as they state without physical proof (picture or film) it is hard for the to actually prove a case of trespass.....

They state start filming, and call out to them "You are Trespassing you need to leave" and as long as they look towards the camera it proves that they heard you. But basically they wont act until you have it documented on 2 or more occasions.

 

[Rod]

Rod, I have contacted the titles office and they basically state.

but you can, of course, deny anyone access to your land if they do not have the right to use it.

The titles office doesn't give out legal advice. What you quoted was a only a generic statement. I suspect these other people do not have rights as they are not using the right of way to visit the neighbour. Start filming and see how you go.

 

[Jazzy77]

I found out some good information from DNRM.

Basically the state (Qld) owns the water ways and owns the creek bank up to the high water mark at the top of the creek bank. However as i am the adjacent land owner i have Riparian rights to use the water, also i am the only one who has rights to enter the creek bank.

No one else has the rights to use my creek bank without my permission. If they do then it is trespass.

 

[Tripe]

What is the purpose of the 1st neighbours easement? is it not to access the creek? and if the creek is public land, I can't see how you can stop the first neighbour from accessing the creek?

 

[Jazzy77]

The Easement is a right of way access for the neighbour up behind me, he is the only person that has legal rights to use the easement other than myself.

The neighbour that i am wanting to keep out of my land, lives 2 houses up the road (360 mtrs away) and he has no legal rights to use my land or easement

 

[Tripe]

There was never any doubt about the second neighbours right to use the easement, he had zero rights.

I don't understand your comments about the first neighbour and your exclusive access to the creek bed?

 

[Jazzy77]

Are you referring to comment 24# above?

It wasn't a comment of keeping the 1st neighbour, just a statement in general.

 

[Tripe]

yes comment 24,

you said only you can access the creek bed?, if the 1st neighbors easement covers access to the creek bed, then I can't see how you can stop them?

 

[Jazzy77]

I have just put that question to DNRM and will see what they come back with.