QLD Driveway on an easement

Discussion in 'Property Law Forum' started by Homeowner, 7 February 2019.

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  1. Homeowner

    Homeowner New Member

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    I live on a battleaxe block and the driveway is an easement that is a driveway for multiple properties. The driveway is not driveable in a 2WD. It is completely washed out. I have been attempting to concrete the driveway for 4 years, but my neighbour closer to the road will not give permission. I have not asked for any contribution - I am willing to pay to fix it.

    This week I gave up and decided to engage a company to concrete the driveway. My neighbour has dumped palm leaves onto the driveway and today has dug a hole in the driveway in an attempt to stop me.

    My understanding is that my only recourse is the Supreme Court of QLD at huge expense. Do I have any other options?
     
  2. Tripe

    Tripe Well-Known Member

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    Oh, the joys of difficult Neighbours.

    I assume you are the dominant title holder?

    1) Check your property titles and see if any conditions exists, for easement maintenance.

    2) You have implied rights to maintain an easement in a suitable condition that allows safe passage. ie grade a gravel road, lay tarmac or concrete driveway.

    3) Your neighbour can't do any thing that stops you using your easement, ie dig holes

    4) Your neighbour can't do anything that can compromises your safety.

    Servient title holders normally have no liability to maintain an easement (if you only use it, then you pay 100%) but, if you both use it, then maintenance should be done on a pro rata basis
     
    #2 Tripe, 9 February 2019
    Last edited: 9 February 2019
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