NSW allowed activities in Right of Access

[Mary T Jones]

We own a lot burdened by an 'Right of Access' Easement. We believe this means the Lot benefited has a right to access their allotment via the easement. That is neither we nor they can 'block' this easement. That is, in our view, as it is only an 'Right of Access' it does not mean they can park vehicles (including trucks), equipment and the like simply because they either cannot fit these on their allotment or its more convenient to park etc in the easement than on their allotment. Would this be a reasonable interpretation. There is no definition of 'Right of Access' in the terms of the easement nor can we find one on the internet. Many thanks in advance.

 

[Tripe]

In general, no, they can’t park cars in an easment


However, this is subject to the wording of the easement document.

 

[Mary T Jones]

Thanks - the easement terms simply says "Full & free right for the owner of the lot benefited and every other person authorised by it to go, pass, and repass at all times and for all purposes across the easement site with or without vehicles or both to and from the lot benefited or any part thereof". So this to us means they cannot park vehicles, equipment and the like and treat the right of carriage way like part of their allotment...

 

[Tripe]

Just send them a letter, re: Parking on easement, if they believe they have a legal right to park on the easment, they will have an opportunity to provide that evidence