NSW Easement - Parking Car on Carriageway?

[nidhul]

Hi All

I am new to this forum and I have a question around easement. Please help with some clarification on that.

I have an 'Right of Carriageway' easement on my property which I do not have issues with. However, the dominant property next door park their car on the carriageway. As I am aware, they only have right of access and I still own the land.

Can they park their vehicle on the strip of land which is granted to them as part of easement? Is that considered encroachment ?

 

[Rod]

I can't see it being encroachment.

They are exceeding their rights under the easement, and may well be trespassing.

 

[Rob Legat - SBPL]

You'd have to check the exact wording of the easement. Generally, an access easement does not include the ability to 'store' items and you have the right to the use and enjoyment of your property subject to the dominant tenement's rights. If it is hampering your use or maintenance of the land, you should probably talk to them.

 

[Tripe]

Subject to the wording of your easment,

Normally, an easment for right of carriage does not give the dominant title holder the right to park on your land.

 

[Neighbourhood Woes]

Hi All,

I am having repeated issues with a neighbour's tenants parking on the easement on my property, despite polite requests for them not to do so.

Is there anyone that such issues can be reported to?

Thanks in advance for your help.

 

[Tripe]

Just issue them with a letter of demand

And threaten them with towing their vehicle


But you need to be sure, that the easement does not allow any form of parking

 

[nidhul]

Hi brain trusts, where do I find the exact wording about the easement rights? Is it in the house contract document?

 

[nidhul]

Should I get lawyer involved if the neighbors still park the car on easement and block my access to my driveway?

 

[nidhul]

Just issue them with a letter of demand

And threaten them with towing their vehicle


But you need to be sure, that the easement does not allow any form of parking

Where do I find if the current easement rights allow them to park?

 

[Rod]

Check the title.