NSW Delete right of footway easement favouring Lismore council

Discussion in 'Property Law Forum' started by Emily-Jane, 22 August 2019.

  1. Emily-Jane

    Emily-Jane Member

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    Hi,
    My property and my neighbours are burdened with a right of footway favouring Lismore council.
    The intended purpose for this footway was development into a tourist walkway, which thankfully has been canceled as a project due to ‘significant risk’ and lack of funding.
    I have requested from Lismore council the paperwork to have it deleted permanently but they have said they will not assist me in this matter and that I need to seek legal representation to have it removed.
    The right of footway has been recognised by the mayor as causing perceived entitlement for the community to trespass on my and my neighbours property- resulting in wilful damage, verbal and physical intimidation, the littering of used needles and human defacation.
    Where can I access the paperwork to initiate this process?
    Is council required under the freedom of information act to provide me with the report that specifies why the tourist footway has been canceled?
    Council has stated that the points raised would have to be considered important to council- but have so far been unwilling to indicate what these would be.
    So far I’m at -
    legal liability for injury/ damage to property / damage to business?
    Compensation for impact on property value
    Original intended purpose canceled
    Legal description no longer represents the blocks it affects due to amalgamations of blocks
    Ample crown land available and DA’s in progress for a connecting road with footway further down the street.
    Both owners of affected land are requesting that it be deleted
    Please any direction would be greatly appreciated.
    I wasn’t aware this affected my property when I purchased it, but going through the process of having the real estate agent and conveyancer in town held to account does nothing to help my situation.
    Please help
     
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