NSW Easement Problem - Using Right of Way to Create Parking Space?

Discussion in 'Property Law Forum' started by Getoverit, 17 September 2018.

  1. Getoverit

    Getoverit Member

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    2 questions regarding easement to our property from a 6 metre wide driveway:

    1. I have an existing easement (dominant) that goes to an existing carport. Can I use the right of way to create a makeshift parking space on another section of my property?

    2. DA returned with condition that we can't conduct building works including demo and construction from the right of way. Obviously this is to appease the servient owner.

    What does this mean to you? Does this sound legit? Surely deliveries can use it as they need to. Does it mean a brick layer cannot stand and work on the driveway? Even scaffolding is temporary. Is this arguable?

    Owner highly unreasonable/unstable.
     
  2. Tripe

    Tripe Well-Known Member

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    I am not sure what you mean?

    A) do you want to create a parking spot on the easment ?

    Or

    B) do you want to access another part of your property from the easment.


    2) The easment can only be used for the purpose of the easment wording.
     
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  3. Getoverit

    Getoverit Member

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    Thanks for responding. We want to use it to access another section of our own property.
     
  4. Tripe

    Tripe Well-Known Member

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    You can access any part of your land from the easment, as long as the easment connects to that part of your land.
     
  5. Getoverit

    Getoverit Member

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    Thank you. As I expected. Any insight on question 2 and the DA conditions. The easement wording is "right of way appurtenant to the land". Council tells us they need to prevent impact to the right of way, despite being a very wide right of way.
     
  6. Rob Legat - SBPL

    LawTap Verified

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    I'd say that point 2 means that you can't park/store/build from the easement. That means all equipment and building materials must be on your land, and the easement can only be used to travel to and from your land.
     
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