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VIC Gaining Easement Access from Body Corporate?

Discussion in 'Property Law Forum' started by JaneS, 8 August 2016.

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  1. JaneS

    JaneS Member

    8 August 2016
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    We have a laneway at the rear of our property that is an easement. The laneway is on the title to a block of flats that have blocked our access with a gate that appears halfway down the lane. There are 4 properties at the top of the lane that have access to the laneway as their garages have been built onto the lane.

    We are hoping to gain access to the laneway as we wish to subdivide and build a garage backing onto the lane. The Body Corporate initially recognised abutting owners must be given access but are now refusing to allow permanent access and are applying to the council to remove the easement.

    Is there anything we can do in this situation? We have been in contact with the body corp for a few months now since there are some properties that have permanent access should we be granted the same access?
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Not necessarily. An easement is a proprietary interest in someone else's land for a specified purpose and is usually registered on the title. Either your land benefits from the easement or it doesn't.

    If you have such rights the owner of the easement land cannot do anything that would interfere with your use of it. However if your land does not benefit from the easement, you would be trespassing if you use it.

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