NSW Parking & left wooden/steel poles at curb side of Easement/ Right of way

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9 July 2019
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Hi there,

Would seek your kind advice on the following lingering issues we have had with our front neighbour.
It is getting to our nerve and these matters have been repetitive despite our efforts to resolve them.

The easement is noted under our title deed which form part of the area of our house.
Our house is located at the end of the easement. The only way to reach our house is to pass the neighbour's who are sharing the easement.

The issues are as follow;
  1. they would park their cars on the easement at time for hours without moving them especially when we are at work unless being told to do so or when our cars are going through the way when they will just move into their compound. The easement is to enable either party to move in and out without any obstruction at all times. It must remain clear at all times to my understanding.
  2. they are in the delivery business and they would leave the wooden or steel poles at the curb side of the easement which I believe they are not supposed to do so. The easement is supposed to be free of any object or item.
Would seek your expert feedback on what are the possible options which we could undertake as we are fed up with talking to them amicably to resolve these issues.

Thanks in advance.
 

Paul Cott

Well-Known Member
LawConnect (LawTap) Verified
26 May 2014
342
100
889
Ballarat, Victoria
Hi, you could get a solicitors letter sent to them which gives them one last chance to do the right thing. Failing which you may be able to seek a court injunction to compel them to comply with the easement but that option would be pretty expensive.