Right of carriage

[A&G]

Hi We have a property that is burdened by an easement for power water and services to a council site and also a right of carriage to five blocks that use our road. A couple of the blocks have recently sold and the new owners want to take all the land along the easement as their own wanting multiple driveways. This is creating a problem for liability and our Wrigths as a land owner. I understand that we have a responsibility to allow these people access but can they take our land without consultation. It doesn't seem wright.
Thanks GC

 

[Rod]

See a property lawyer to ensure your rights are protected. And no, as a rule other owners cannot just 'take' your property because of an easement on your property.

If you are in Victoria we can assist.

 

[A&G]

Thank you for the information and it gives some hope. Is there anyone in NSW that you can suggest.
Thanks

 

[Rod]

Ask @Tim W

 

[Tripe]

Not sure what you mean, by “Take your Land”

But!

Subject to the wording of the easement, In general they can access thier land at any point they choose were the easment neighbors thier land and they can have more than 1 access point if required.

I’m assuming the easement is obstruction free, ie no buildings and trees etc

 

[A&G]

They have put a DA into council showing 1 driveway but are wanting 2 or I don't know whatever else they may want. We have planted trees along the easement in an attempt to stop any further damage to our property as they have taken over that side and have denuded it and left it a clay bed. Councils' policy on this type of development is that they are allowed 1 driveway with a 3.4 m width but they say because it is on an easement they don't care.

 

[Tripe]

Ok, looks like you need to write a letter to
The council GM, wanting clarity on the issue of your neighbour wanting 2 driveways, when your understanding is, council only allows 1 driveway.

 

[A&G]

They say it is a private Rd and they don't want anything to do with it, although council built the Rd to access a new building they made.