Thread: Carriageway

If the easement appears on his title documents what does he not accept? What is his initial gripe? It might help formulate a solution.

We once had a similar situation with a right of way over a neighbouring property for access to a block we bought. He fenced it off. Our solicitor had messed up when we bought the property. Long story short, we got a new concrete driveway directly to the road at another point paid for by our solicitor at no expense to us, and relinquished our right of way. In the end, it was a better solution for all.
I believe there is a rule that if a right of way is not used then after a certain time (8 years??) it is said to have lapsed, so make sure you continue to exercise your right to use the right of way.
If it is feasible, you could offer to relinquish your right of way over his property after he pays the cost of providing you with a new entrance to your property. Just a thought...

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Originally Posted by DiscoMick

We once had a similar situation with a right of way over a neighbouring property for access to a block we bought. He fenced it off. Our solicitor had messed up when we bought the property. Long story short, we got a new concrete driveway directly to the road at another point paid for by our solicitor at no expense to us, and relinquished our right of way. In the end, it was a better solution for all.
I believe there is a rule that if a right of way is not used then after a certain time (8 years??) it is said to have lapsed, so make sure you continue to exercise your right to use the right of way.
If it is feasible, you could offer to relinquish your right of way over his property after he pays the cost of providing you with a new entrance to your property. Just a thought...

Sent from my GT-P5210 using AULRO mobile app

You are thinking of "Adverse Possession" but it does not apply to Carriageways". The property only has one road that is accessible.


Cheers, Mick.

Mick, I think you need a referral to a law firm with experience and expertise in these matters. Have them remind your neighbour of your rights and his obligations or else "see you in court".

I thought I might post this plan showing the ****ed-up easement one of our neighbours has on their property just near Brisbane. Chester Rd that runs along the southern boundary of the lots was not placed on the correct alignment and meandered in and out of the properties. Numnuts who owned the highlighted block decided he didn't like the legal liability of having owners of adjacent blocks traversing his land so he placed a large log (we're talking a trunk over a metre in diameter) across the track.

Now that wiggly dark line running up the western side of lot4 is actually a surveyed easement believe it or not. We pointed out that our continuing to access our block along the southern boundary was lesser of two evils given that if we all started using the easement to get to our blocks from the rear he would effectively lose functional use of all of the land from the easement to the western boundary. He was an absolute ***** - put up "no trespassing" signs everywhere and thought he would grow avocados or something. The local farmers couldn't believe it.

We also petitioned the local council to re-align Chester road correctly but their response was interesting. They (and a lot of other rural councils I presume) did not like the fact that farmers were carving up their properties and selling bits off to city folk for bush camping/retreat/hobby farming with no formed road access. The farmers were smart as they realised us city folk had no interest in fencing so they could still run their stock over the land but didn't have to pay rates on it. Consequently when one of the small lot owners (dickhead on lot 4 in this case) decided he was no longer happy with the access that had been there for twenty years he simply blocked it. There was nothing anyone could do as it was not a right of way or an easement. Council refused to re-position the track as it was up to land owners to pay to get tracks up to a minimum standard before council would take on the ongoing maintenance.

In the end two of the neighbours started using the easement but had to keep cutting chains to get through lot 4's gates. I don't think anyone took anyone to court, they just kept doing what they were doing. We chose to re-bulldoze the road at our own expense and idiot features on lot 4 gave up his wild, avocado growing dreams and sold a few months later.

Sorted....found the definition of a carriageway on the Victorian Land Transfers Act (page 197) and Vic Pol have a fine for "Obstruction of a Carriageway"
Needless to say it is no longer obstructed!

There is always a way................. if you let it become apparent.

DL

Originally Posted by mick88

Sorted....found the definition of a carriageway on the Victorian Land Transfers Act (page 197) and Vic Pol have a fine for "Obstruction of a Carriageway"
Needless to say it is no longer obstructed!

Police are so much cheaper than lawyers, and so much more convincing too.

Well done.