QLD Fencing in front of Easement

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GC Easement

20 February 2020
I live in a little "estate" that contains 6 properties. There is only one way into the "estate" and that is through an easement that is attached to my property. Everyone has a driveway off the road. One of my neighbours wanted to put a gate into the estate, but I refused (as did other neighbours) and is now saying they want to put the gates on their property so therefore need to build a fence across the front of their property to install the gates.

My question is, because they are wanting to put up a fence and the easement runs in front of their property - which is the case for all the neighbours, they are demanding as the owner of the easement that I am liable for half their fencing costs. This would mean I would be liable for half of all the neighbours front fences. - Is this correct? The fence would also have to be within their boundary would it not? If they do put up a fence it is of absolutely no benefit to me or my property.

For reference, the easement is basically a tarred road with a strip of lawn down either side in front of the houses and a small garden at the entrance. The clause states that maintenance of the road is equally shared between each lot and if you damage the road you are liable for cost to repair. Every property has taken out insurance on the easement.

Rob Legat - SBPL

LawTap Verified
16 February 2017
Gold Coast, Queensland
First port of call is to consider the terms of the grant of easement and see what it has to say about the matter.