Hi,
My property is accessed by an easement, which essentially serves the purpose of being a driveway. The easement schedule states that all persons nominated by both myself (dominant tenement) and my neighbour who owns the easement (servient tenement) can use the easement at all times according to the following 3 conditions;
A - for the purpose of carrying water to the dominant tenement from a nearby creek.
B - for the purpose of providing infrastructure to the dominant tenement (i.e. gas, electricity telephone etc).
The third condition C is where I would like some clarification. This condition states that all persons may use the easement in any manner (i.e pass, repass, laden or unladen etc) , "...and for all purposes whatsoever connected with the use and enjoyment of the dominant tenement..."
These words imply to me that the use of the easement can only occur if persons are visiting/using my property, being the dominant tenement. The current situation is that the easement is being used by my neighbour (servient tenement) to access two dwellings located past where the easement ends at my property. This has resulted in a lot of passing traffic and increased wear and tear on the easement (gravel driveway in a rural setting).
The previous owner of the servient tenement never used this easement as there are alternative roadways upon the servient tenement to access the main road. It is simply a matter of convenience for the neighbour to use the easement to access his properties.
I hope that the inclusion of the words quoted above in the easement schedule mean that the easement can only be used to get to my property (dominant tenement) and my neighbour must use an alternative to go to and from his properties.
Thanks for your time and consideration of this issue.
Regards,
My property is accessed by an easement, which essentially serves the purpose of being a driveway. The easement schedule states that all persons nominated by both myself (dominant tenement) and my neighbour who owns the easement (servient tenement) can use the easement at all times according to the following 3 conditions;
A - for the purpose of carrying water to the dominant tenement from a nearby creek.
B - for the purpose of providing infrastructure to the dominant tenement (i.e. gas, electricity telephone etc).
The third condition C is where I would like some clarification. This condition states that all persons may use the easement in any manner (i.e pass, repass, laden or unladen etc) , "...and for all purposes whatsoever connected with the use and enjoyment of the dominant tenement..."
These words imply to me that the use of the easement can only occur if persons are visiting/using my property, being the dominant tenement. The current situation is that the easement is being used by my neighbour (servient tenement) to access two dwellings located past where the easement ends at my property. This has resulted in a lot of passing traffic and increased wear and tear on the easement (gravel driveway in a rural setting).
The previous owner of the servient tenement never used this easement as there are alternative roadways upon the servient tenement to access the main road. It is simply a matter of convenience for the neighbour to use the easement to access his properties.
I hope that the inclusion of the words quoted above in the easement schedule mean that the easement can only be used to get to my property (dominant tenement) and my neighbour must use an alternative to go to and from his properties.
Thanks for your time and consideration of this issue.
Regards,