QLD Can I Close Off the Driveway Under Property Law?

[Jazzy77]

Hi Archerpalms,
I can't recall the precise wording (and the wording and detail is everything), but, someone can go to court and ask for the court to grant them easement access if there is no reasonable way for them to access their land without it and if they have exhausted all reasonable means to obtain access to their land....I'm unsure as to how that might play out, and am certainly no expert
Regards

For that issue, I would say, well how did he access his property when he first purchased it? How did he access his property before the easement was gazetted? How did he access his property before the driveway was built?

The other neighbour that let him pass through his property previously has sold up, so there are new people in the neighbouring property now, whether they want him sailing through their place is anyone's guess.

I also plan to have a phone me at all times, so if anything comes to pass I will have it on film.

All is quite here at the moment though.

 

[Tripe]

Interesting situation

You need to contact you local tiles offices and get the easment plan, this is the same as a land title plan that you receive when you get your legal documents for a property purchase.
But it only shows easments.

It is prepared and submitted by a Licensed land surveyor and is a legal title, you will find the reference in your property title paperwork under schedules

When an easment is not a nice straight parallel easment, sometime they add the words variable width, this is used when and easment follows a ridge line or creek etc.

If this easment has the term variable width, you may have difficulty shutting down the easment.

The boundary lines of the variable width easment will have the bearings and distances for all legs of the easment perimeter, so as to set it out.

My assement of your situation is,
If they leave any area of the easment to access Thier property then this is a trespass and You Can take reasonable actions to rectify a trespass, ie. put up a barrier such as a fence.

It would then be up to the neighbor to provide a road within Thier easment area.

 

[Jazzy77]

I have a copy of the Easement documents, and it does not mention anything about variable width.I think our Easement was made wider in the beginning to possibly account for the factor of hills and gullies? as that particular part of the easement is nearly 10 mtrs wide, and where it is flat and straight it is only 8 mtrs wide ( another neighbouring property also has an easement on their land but theirs is only 5.84 mtrs in width)

We had a little situation a while ago where the neighbour tried to remove the chain, (small scuffle) Police were called of course he claimed i "assaulted" him, where it was the other way around.....

Anyway when the Police arrived he claimed he had an agreement with the old owners of the property that allowed him to site the easement where he saw fit, the Police told him that unless the agreement was placed onto the title (which it is not) then he has no legal rights what so ever to use the driveway. They told him that until he has a piece of paper with his signature and our signature on it, again he is not allowed to enter our property, if he does he can and will be prosecuted for trespassing.

 

[Tripe]

10m is a large easment width and matches your assement that accounts for hilly terrain.

It seems like the neighbor is in denial to his legal access rights. The police explanation to him should be a reality check, unfortunately with these type of people they will consider it a major wrong doing on your behalf.

 

[Rod]

Police are not lawyers. There can be an implied easement which can give access rights so be careful before calling the police else you and the police may be up for damages. Recommend you get legal advice. Implied easements can be tricky to sort out and note that they can survive transfers of land.

 

[Jazzy77]

He was told by the Police to contact his Solicitor and take the issue up with them, that was nearly 4 months back and i have not heard anything.

He can (and does) access his property through our neighbours property.

 

[Rod]

It may not matter that he has alternate access.

Until you get your own legal advice you should be careful.