Thread: Carriageway

Originally Posted by bacicat

Doesn't sound like a good situation. If you're already too far gone to be on talking terms, get you Solicitor to take him to court. Once he has paid court costs once, he may be a bit shy about tempting fate again.

A ****ty way to have to do things, but if you're left with no choice..

We have been trying to reason with him for four years...no go!
He also put in a fence six metres long that was almost one metre over the boundary and there were survey (recent) pegs in place. No consultation, just put in about forty posts and tried grabbing an extra bit of paddock to go with it.

Hi Mick

An easement is a right to use a piece of land in a particular way. It basically gives someone else the right to use the land specified in the easement documents, even though they are not the landholder. The easement will benefit (in this case you) one party, and burden ( in this case the landholder) another. The landowner who is burdened(whose land the easement covers) has to keep the land that forms the easement free from any restrictions, obstructions etc. that prevent the easement from being used for it's intended purpose. A carriageway is simply an easement that is dedicated for the purpose of access.
So, clearly your friend is in breach of the conditions of the easement.
I would suggest that if this has been going on this long then legal action is the only way it is going to be resolved. As has been suggested get a solicitor, but one who is familiar with the land act, titles act etc.

Cheers, Martin

Easy, get a bull dozer and knock everything out of the way, with a D9 parked on your write of way I think he'll know you're serious...

The benefit of this is you can then tell people you have a bull dozer

Originally Posted by MR LR

Easy, get a bull dozer and knock everything out of the way

That could also help with removing the fence that the neighbour has put on your property.

Originally Posted by MR LR

Easy, get a bull dozer and knock everything out of the way, with a D9 parked on your write of way I think he'll know you're serious...

The benefit of this is you can then tell people you have a bull dozer

I was going to suggest the same. Plenty of cheap second hand dozers around the traps at the moment. We got rid of a couple of old Russian Chetra dozers up at Nullagine a while back. Not good for a lot - but a bloody big machine (bigger than a D10) and a mean looking bit of gear.

One of these parked on your block with the occasional run up and down your easement to push all your neighbour's crap out of the way would soon get the message through.



Failing that - one of their earlier models may be a little less "subtle".

Never before heard of a Chetra. They certainly were not around in my years in the mining and construction equipment business. I looked on the internet and they claim the T40 to be the biggest dozer in the world. It certainly is not, only 65 tons and 590 hp. Well below D10/D11, Fiatallis 41b, and the Komatsu equivalent. Were they any good? Or like those Russian farm tractors that were being sold here a while ago.

They might not weigh as much as a D10 - but park them side by side and the Chetra makes the Cat look small. At a distance, they actually look a lot like a Komatsu.

They were on the minesite before we started there - the client and the local station owner were using them to clear land. Usually only one of the two was going at any one time - their reliability is not too flash.

Plenty of grunt - good for pushing but not so good at ripping. Very uncomfortable for the operator, and it took a lot to get used to them. For starters, the "decelerator" worked in reverse - you had to push down on the pedal to get going and hold it down - and it was heavier than the clutch in a manual Disco 2.

Plenty of people complained of nearly charging over the edge of the mesa when we were using one to clear the topsoil before mining commenced. We had one on hire for quite a while as there was a shortage of D10's available at the time - ended up buying a low hour machine from Dubai and importing it in. Nobody was sorry to see the last Chetra finally disappear down the road on a float.

This is the last of the two on site at Nullagine ....................





Had a look at this Shantui at the Bauma Expo in Shanghai - it's a little bit bigger than the Chetra

A Fiatallis 41B was around 76 tons with HSU blade, ROPS cabin, a/c unit, and three tyne parallelogram ripper. Weight varied upwards a bit if one of the other optional rippers was fitted. If you wanted to hear a big engine bellow, then the V12 Cummins in a 41B was one to behold when ripping with an eight foot Kelly full depth in the bauxite ore body at Gove.