TAS Adverse possession and Right of carriageway?

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Annita

Well-Known Member
9 February 2020
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Our block has a 5m X 50m area on one side which is a right of carriageway for neighbour. This ROW also runs through two neighbouring properties.
The neighbour with ROW over our land has mentioned he is putting in a water easement along our land as he sold a block of land and the new owners don't want the water running on it anymore.
We have not been formally asked, merely told in conversation by the ROW neighbour.
In addition to this, he has graded the road and is behaving as if it is his
This is the only access to his property.
He has had access to ROW for over 30 years but has only started busing it recently as block he sold had a driveway to his house on it.
Now he is using the ROW.
Question s:
1. If he continues like this simply putting in a water easement could he claim the ROW as his own?
2. Can he put in a water easement with out permission from ROW holders?
3. If he does it it adverse possession?
4. What advice to prevent it happening?
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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Bear in mind this is general principles, as I’m not familiar with Tasmanian property law. I’m also assuming the easement is properly registered:
1. No. It’s an established legal right which is registered, it does not establish ownership.
2. No. The easement for access grants rights which are limited to the terms of the easement document itself. Unless it says he can have water services, he can’t have water services. You’ll need to have the grant document carefully read to be sure.
3. No. Adverse possession takes a long time and exclusive possession. Operating under an existing easement is going to count against any such claim for adverse possession, as he wouldn’t be using it inconsistently with your rights to the property - because those rights factor in the easement.
4. you should get forewarning of it happening, because whoever is engaged to perform the work should quickly establish the land he wants to build it on isn’t his own. He’ll need to come to you and the owners for a formal grant of right to do so, in which case you respond appropriately. If that doesn’t happen, and supposing you actually see work starting, you immediately send a cease and desist letter, for which I recommend retaining a solicitor as it is likely to get messy quickly.
 

Annita

Well-Known Member
9 February 2020
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121
He has told tradespeople it is his land. They keep turning up to measure where the utilities are going. His friend has threatened me with "this will end up in court". However I don't believe someone can simply put water or electric over some one else's property.
Additional to this, we ve discovered his electric runs across our property illegally without an easement. Can we insist this is moved at his expense?
 

Annita

Well-Known Member
9 February 2020
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121
P.s his electric line is underground on our main property and not the ROW.
 

Rob Legat - SBPL

Lawyer
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16 February 2017
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This guy is obviously determined to plow ahead no matter what. You're going to need to see a solicitor in your local area to discuss your options. This is not a self help matter when the other side won't see reason.
 

Tim W

Lawyer
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28 April 2014
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The police are not in play here. This is a civil matter.

If your local solicitor won't do it, go further afield.
Any lawyer in Tasmania can help you - you are not required to use this one or that,
just because they are nearby.
As to easements and how they work, start here.
 
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