NSW Abuse of Right of Carriageway by Neighbours - Property Law Recourse?

[Bryan Martin]

We are 75/78 year old couple in NSW.

We own a battleaxe block and neighbour's have right of carriageway. However, as we were in Sydney awaiting to move to the seaside, the 2 neighbours have built retaining walls and also a staircase that protrudes in range from 550mm to 1550mm onto the carriageway.

One of the neighbours is a lawyer and states that he he will not be removing the intrusions. However, we are also concerned that they may sell as we are also elderly and leave us with a legal issue when anyone buys.

I have repeatedly asked them to remove the intrusions as it is only a carriageway and no semi-permanent/permanent buildings can be on it.

Does this mean we may have to hire a lawyer and take them to court to get resolution?

Other option is for us to remove the retaining wall and cut the hand rail off. Under property law, is this legal?

 

[Rod]

Resorting to self help is often very tempting, but not advisable.

If it was me, I'd have a lawyer send a demand letter setting out what you want to happen, by when, and likely consequences if what you want doesn't happen. The lawyer should mention that if it goes to court, trespass may be included and if you win, then you'll be seeking damages and indemnity costs (not likely, but worth a try - party/party costs are more likely)

PS hopefully you are 100% correct on where the boundary is located. If not, a land surveyor may be needed.