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Thread: Carriageway

  1. 13th May 2014, 06:41 PM #1
    mick88's Avatar
    mick88
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    Carriageway

    Any one on here familiar with a "carriageway" that passes through a property to allow access to another property that would otherwise be "land locked" I have a parcel of land that in order to access it I have to drive six metres into another property that has carriageway registered on the title and with the Titles Office of Victoria and the land owner keeps placing obstructions such as trees, posts, rubbish, old tree trunks etc in order to deny us accessing our land via the legal way. The land owner purchased his parcel of land knowing the carriageway existed but he refuses to accept it. I keep moving the "obstructions" but it is just plain annoying! Anyone have any experience or offer any advice.


    Cheers, Mick
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  2. 13th May 2014, 06:59 PM #2
    buckscreek Guest
    Engage a solicitor. Write a formal letter pointing out the legality of the "right of carriageway" granted over the neighbours property. Suggest a formalised driveway/access/road which you will install and maintain. Ask the neighbour to contact your solicitor with any concerns/responses. Expect a ****fight to ensue. Stick to your guns, but be nice.
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  3. 13th May 2014, 07:18 PM #3
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    mick88
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    He has already had a letter from my solicitor telling him to remove the obstacles (at that stage they were trees and posts) or I will remove them, which I eventually did as he had no intention of doing so! Consequently we are not on talking terms and never were as he would not accept the carriageway existed.
    It's hard yards!
    It is only six metres into his property and twenty metres wide....the width of a council lane that services the properties.


    Cheers, Mick
    1974 S3 88 Holden 186.
    1971 S2A 88
    1971 S2A 109 6 cyl. tray back.
    1964 S2A 88 "Starfire Four" engine!
    1972 S3 88 x 2
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    1959 S2 88 ARN 111-556
    1988 Perentie 110 FFR ARN 48-728 steering now KLR PAS!
    REMLR 88
    1969 BSA Bantam B175
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  4. 13th May 2014, 07:20 PM #4
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    Council Road

    In SA I think it would be classified as a 'Council Road' and the council would have an obligation to see you had access to your property.
    I would start with the council rather than a solicitor unless he/she is a mate of yours.

    Mike

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  5. 13th May 2014, 07:24 PM #5
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    Been to council....not their concern, road/lane ends at property boundary.
    1974 S3 88 Holden 186.
    1971 S2A 88
    1971 S2A 109 6 cyl. tray back.
    1964 S2A 88 "Starfire Four" engine!
    1972 S3 88 x 2
    1959 S2 88 ARN 111-014
    1959 S2 88 ARN 111-556
    1988 Perentie 110 FFR ARN 48-728 steering now KLR PAS!
    REMLR 88
    1969 BSA Bantam B175
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  6. 13th May 2014, 07:29 PM #6
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    Unfortunately these are left over from a time when people were civil to each other there have been numerous fights over rights of way in the last 30 odd years always ugly. If your neighbour doesn't want to co-operate then the solicitor and time and money are the only answer
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  7. 13th May 2014, 07:31 PM #7
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    If you have access over the land, you may have rights to fence the boundaries of the access way and so stop his access from the sides. He has no right to fence off the ends of the accessway (and so prevent you accessing it).
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  8. 13th May 2014, 07:36 PM #8
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    Quote Originally Posted by nismine01 View Post
    In SA I think it would be classified as a 'Council Road' and the council would have an obligation to see you had access to your property.
    I would start with the council rather than a solicitor unless he/she is a mate of yours.

    Mike

    Not necessarily so. It could be a private "Right of Way" (ROW) or an easement over his property with Mick88 as a beneficiary (ie the benefit of access over the land). Council has no party (or interest) in these as they contain no Council assets.
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  9. 13th May 2014, 07:37 PM #9
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    This the VIC act under which your right of way or carriage way works specifically section 9.2.3 but you need a solicitor just to understand it and will probably have to get a court order served on your neighbour to make them obey

    http://admin.surveyorsboard.vic.gov....3_Section9.pdf
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  10. 13th May 2014, 07:40 PM #10
    schuy1 Guest
    I assume it is the same as an "easement" up here, A legal access lane to a property or for the purpose of allowing a pipeline , a power line , roadway or whatever is needed to operate, maintain, supply or access a property that a council roadway cannot.
    It is a legal thing, His obstructing you would be the same as me blocking my street with stuff because I did not like the blue car driving past my house! I would be in serious trouble!
    Cheers Scott
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