VIC Extinguishing an un-used easement

[AmindaK]

Hi All - My question is: Can a 'CarriageWay Easement' be extinguished if the beneficiary is no longer using or 'passing over' the land to access their un-landlocked property? The Dominant has blocked his access with landscaping trampoline and a pool shed effectively prohibiting a vehicle from passing over the affected easement. Parking is now the only possibility. The Title (mine) states it to be an E-1 but fails to nominate what that means regarding rights. Having a street frontage the neighbours land is not at all landlocked. I would like to have the easement extinguished if possible and have the lane landscaped - (not well maintained at present) Cheers, Ak

 

[Rod]

Can a 'CarriageWay Easement' be extinguished if the beneficiary is no longer using or 'passing over' the land to access their un-landlocked property?

Yes, likely have to go to court to make it happen. Our property lawyers can help you.

 

[AmindaK]

Yes, likely have to go to court to make it happen. Our property lawyers can help you.

Thankyou Rod.

 

[Tripe]

Non of your points raised will extinguish the easement, you will need to prove complete abandonment of the easment, and you may have to show the easment has not been used for up to 50 years.

How long can you, prove that the easment has not been used?

Extinguishing easments are very hard to do, you are taking a legal right away from another person.

The cheapest option normally is to offer to buy the easement out.

Offer them $1000, it may do the trick.

 

[Tim W]

...you will need to prove complete abandonment of the easment...

Maybe not so much.
Subject to all the unstated facts, undisclosed circumstances, and the ifs, buts, maybes, unlesses, and exceptions,
conduct by the beneficiary (or indeed, by a third party such as a developer)
from which can be inferred permanent abandonment of the benefit can (sometimes) be enough.
Especially in respect of land that is otherwise reasonably accessible (where perhaps historically it was not).
The classic example of this is farmland, converted into residential lots, where there is now a street frontage.

@Rod's folks will look after you, as will any of the several other Victorians lawyers here.