NSW Easement - Parking Car on Carriageway?

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nidhul

Active Member
12 August 2018
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Hi All

I am new to this forum and I have a question around easement. Please help with some clarification on that.

I have an 'Right of Carriageway' easement on my property which I do not have issues with. However, the dominant property next door park their car on the carriageway. As I am aware, they only have right of access and I still own the land.

Can they park their vehicle on the strip of land which is granted to them as part of easement? Is that considered encroachment ?
 

Rod

Lawyer
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27 May 2014
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I can't see it being encroachment.

They are exceeding their rights under the easement, and may well be trespassing.
 

Rob Legat - SBPL

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16 February 2017
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You'd have to check the exact wording of the easement. Generally, an access easement does not include the ability to 'store' items and you have the right to the use and enjoyment of your property subject to the dominant tenement's rights. If it is hampering your use or maintenance of the land, you should probably talk to them.
 

Tripe

Well-Known Member
22 May 2017
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Subject to the wording of your easment,

Normally, an easment for right of carriage does not give the dominant title holder the right to park on your land.
 
24 August 2018
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1
Hi All,

I am having repeated issues with a neighbour's tenants parking on the easement on my property, despite polite requests for them not to do so.

Is there anyone that such issues can be reported to?

Thanks in advance for your help.
 

Tripe

Well-Known Member
22 May 2017
229
14
619
Just issue them with a letter of demand

And threaten them with towing their vehicle


But you need to be sure, that the easement does not allow any form of parking
 

nidhul

Active Member
12 August 2018
6
0
31
Hi brain trusts, where do I find the exact wording about the easement rights? Is it in the house contract document?
 

nidhul

Active Member
12 August 2018
6
0
31
Should I get lawyer involved if the neighbors still park the car on easement and block my access to my driveway?
 

nidhul

Active Member
12 August 2018
6
0
31
Just issue them with a letter of demand

And threaten them with towing their vehicle


But you need to be sure, that the easement does not allow any form of parking

Where do I find if the current easement rights allow them to park?
 

Rod

Lawyer
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27 May 2014
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Check the title.