TAS Legal Interpretation of Right of Way?

Discussion in 'Property Law Forum' started by CarolineThorpe, 28 May 2019.

  1. CarolineThorpe

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    I have an easement over a portion of my land with the wording: A right of Carriageway over that portion of land marked Right of Way 10.00 Wide /BCDE/ on the plan to be appurtenant to land compromised in Folio of the Register Volume .....

    There is also a utility easement that is 20.00 wide - the Right of Carriageway (10.00) runs within the 20.00 utility easement.

    I am looking for clarification of the rules and regulations of a Right of Carriageway. My neighbour has put numerous signs up along the carriageway (which I also use to access my property). Both my neighbour and I have accommodation businesses.

    I had agreed for the neighbour to have a professional signage on the verge and also further along the driveway. They now have numerous unprofessional signs located on the driveway and have constructed a second driveway within the utility easement.

    I have requested they remove all unprofessional signage and that the road is not authorised. They have advised me that their signage will remain where it is and if I am to remove it they will take legal action.

    Please help with the clarification as to what rights they have under a Right of Carriageway easement
     
  2. Rob Legat - SBPL

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    I’m unfamiliar with Tasmanian property law, but the general rules of easements likely apply. The land is yours, and subject to the rights conferred by the easement granted, you can determine how it is used. They have a right on carriageway - not a right to place advertising.

    Unless you agree otherwise, you may require them to remove the advertising.
     
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  3. Tim W

    Tim W Lawyer
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    I agree.
    Further, I suggest you reply to their threats of legal action with
    "Well, go on then!"
     
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  4. CarolineThorpe

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    Thank you Rob and Tim. I am due to speak with a lawyer this morning so I can have this put in writing to ensure I have myself covered. Once I have that I will be able to respond knowing I have all the facts.
     
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