NSW Enjoying Right of Way - What are My Rights?

[Tripe]

I use a right of carriage easement to access my property from the public road.

Think classic road fronting block (my block) with battleaxe block sitting behind ( neighbors)
I use 30% of the axehandle part and have an easement that covers this section which is listed on my certificate of title.

The servient owner is very difficult and has told me, they want me to put my own access in from the public road and to stop using their road.

I know my easements are legal and there is nothing they can do to stop me using my easements.

Over the last 12 months, they have taken to hanging annoying things on a small pole that's in a garden bed on the side of the shared driveway, the right of carriageway easement width is from fence to fence (8m ) the garden bed (+pole) is within the easement.

Items they have put up so far, manly flags, teddy bears, fluffy rabbits, stuffed snakes, stuffed Easter bunnies, tinsel, stuffed love hearts, boots, etc.

They leave the individual items up for 2-4 weeks and then they wait between 0 days to 2 weeks before they hang the next item up.

They have told me, they only have to keep the easement unobstructed and they can do anything else they want, ie hanging up crap.

In my thinking I shouldn't have to put up with all this crap when I access my house.

What are my rights under a right of way easement?

 

[Rod]

fyi -If you are the front block and have an easement on your property you are the servient tenement. If you are front block owner and the axe handle is owned by the back owner you are the dominant tenement.

As the servient owner they have no right to place objects on the carriageway if the easement is on your land. They only have right of access.

If they own the land and have an easement on their title that you use they are not allowed to obstruct your access. But you can't stop them being immature. They also cannot force you to stop using the easement. They can pay you money as a commercial contract for you to give up your right.

 

[Gorodetsky]

Hi tripe,

Remember, the servient party owns the land and has all the rights of ownership except preventing your access. The benefitted party simply gets access.

So they can do whatever they like in their own land, except block your access in the easement part of their land.

Easement law can't stop them doing this stuff. At some point it becomes harrasment, private nuisance, stalking, threats of violence, etc. Other laws can address it at that time.

What you have described is as illegal as garden gnomes.

I understand it is directed at you to be annoying. And that they are creeps.

Ignore them, don't communicate with them, don't engage with them.

Good luck,

 

[Tripe]

Thanks

For clarity, I have the dominant title and they own the land.

My best guess is, the only avenue I have is the law of nuisance.

 

[Gorodetsky]

Hi tripe,

That will be a hard one to argue. What you describe does little to interfere with the quiet use of your land...

Your other avenue is to ignore it.

It's a battle of wills. They wanna put up a fluffy bunny. You wanna make them take it down.

Why do you want to exert your will over what they do on their land?

To go to court with a solicitor will cost thousands. The losing party (probly you) might have to pay their legal costs on top of that....over fluffy bunnys.

I'd respectfully suggest you ignore it.

Regards

 

[Tripe]

The issue I have is

As our properties are on hilly acreage , their property is not visible from the road (their house is 500m from the pole) and for all intentional purposes the road access looks like it is solely mine. I have friends and aquintances who travel on the road, regularly ask why I put such stupid things on that pole in your access road when you have such a nice house!!!!

 

[Gorodetsky]

Hi tripe,

I don't think there are legal solutions for you.

Maybe you could prove it is directed at you with the intent of harassing you. But probably not.

They have an eyesore on their property which is closer to your house than theirs. It's still on their property. When you accept that they can do as they please with their property it will cease to annoy you. You can just tell your friends it's the neighbours.

You could try patching up your relationship with your neighbours....yeah that always works with neighbour disputes.

Good luck

 

[Tripe]

But it's a manly flag, I'm sure that's got to be harassment

LOL

 

[Gorodetsky]

Mmmm, a crime against humanity...

 

[Jazzy77]

Who put the pole there? Does it signify anything?