Easement closure for works done

[Kaatje]

Hello,

We are having an easement on our land and we want to have some works on that easement done. We have informed our neighbors that the easement will be closed from 7am to 2pm due to works undertaken. One neighbor is fine and no issues. The other neighbor said she will call the police if she can't use the easement. We need to have those works done and explained it to her. Can she stop those works? The easement is only 70 meters long and she can park her car down the bottom. Are we doing something illegal? I thought you need to be able to have works done on your land and it's only for a short time. Thank you.

 

[Tim W]

Don't panic.

For one thing, the police will tell her that it's a civil dispute, and won't get involved.
You might reply to her next threat to do so with
"Well, go on then."

What kind of "works" are we talking about anyway?

 

[Kaatje]

Hello,

We are having an easement on our land and we want to have some works on that easement done. We have informed our neighbors that the easement will be closed from 7am to 2pm due to works undertaken. One neighbor is fine and no issues. The other neighbor said she will call the police if she can't use the easement. We need to have those works done and explained it to her. Can she stop those works? The easement is only 70 meters long and she can park her car down the bottom. Are we doing something illegal? I thought you need to be able to have works done on your land and it's only for a short time. Thank you.

Hi Tim,

Thanks very much for your response. The works I am talking about relates to a drainage pipe in the road to enable us having water on the other side of our land. Our land is divided by this easement. The neighbor made such a drama that the police officer sent our contractor away and asked him to come back when it suits our neighbor. The problem is that neighbor always demands when and what you can do, even if it's your own land. The other neighbors were absolutely fine and understood. We had communicated the temporary closure to all neighbors 48 hours prior as we rely on the contractor when they have time.

We have never experienced this in our life and the police officer went out of his jurisdiction.

Kind regards,
Kaatje

 

[Tim W]

Which state are you in?

 

[Kaatje]

In Queensland Tim. Thank you.

 

[Tim W]

...and the police officer went out of his jurisdiction.

Well, he went as far as he could - which was to keep the peace, as much as possible in the there-and-then.

Maybe look at it this way...

(i) She has no property rights in the easement - it's a right of use (in this case, for access), not a property right.
In short and simple, it's your land, not hers.

(ii) You are entitled (and sometimes, required) to do reasonable maintenance, repair and upgrade on your land.
She's had fair notice. That she doesn't like it doesn't always and automatically make it otherwise.

(iii) No harm in giving the police a heads-up on the day you do the work.
If they've already been there, then there's a chance that they will have intel on their system
linked to your address.
They might be interested in avoiding/ preventing a(nother) breach of the peace.

 

[Rod]

By giving sufficient notice, if the neighbour makes a fuss it will be her disturbing the peace.

And I support the idea of notifying the police in advance.

 

[Kaatje]

Thanks Rod. We will give them a minimum of 48 hours notice as the contractor can't give more notice due to his workload and we also inform the police the same time, so they can concentrate on serious issues.