We are the dominant party of an easement which allows us right of carriageway down a driveway to a carport . In addition, we also have the right to travel through a farmgate to a paddock if we, visitors or service drivers need to turn around. This is on our title. For the second time in several years our neighbour has placed a padlock on the gate. I contacted the council who brushed me off saying it was not their responsibility. I contacted the police who, after referencing information on their computer said that it was definitely the council's responsibility. Police also said that we could legally angle grind the padlock. We know that if we did that, another padlock would soon turn up.So who is responsible for assisting us in this situation?Three of us are affected by this childish behaviour.
OK, cuppla things.
In Tassie, this usually comes up when people abuse their access.
Excess noise, excess vehicle movements, parking where it's not actually permitted.
1. Be 100% sure that the easement is in fact on the CT of the land in question.
Lots of them, especially in Tasmania, are merely customary.
Literally, get your hard copies out and have a look.
2. If you have any other access to your land, then too bad you.
The landholder is not required to give you a "back gate of additional convenience".
(oh, and I'm not sure that the cops are right about grinding the padlock)
3. It's not your driveway, it's their land.
You have a right of use, not a property right.
So reasonable access, yes.
And yes, turning around can be part of the arrangement.
But parking tradies' utes five days a week, or parking ten cars every weekend while you party,
in that turning space?
Not so much.
4. And speaking tradies' utes - if, say, your reno on your "shack" involves utes and machines hacking up the ground, then yes, you're liable for the make good costs. And no, you (and especially they) don't always and automatically get to cross the land at stupid-early o'clock.
In Tassie, this usually comes up when people abuse their access.
Excess noise, excess vehicle movements, parking where it's not actually permitted.
1. Be 100% sure that the easement is in fact on the CT of the land in question.
Lots of them, especially in Tasmania, are merely customary.
Literally, get your hard copies out and have a look.
2. If you have any other access to your land, then too bad you.
The landholder is not required to give you a "back gate of additional convenience".
(oh, and I'm not sure that the cops are right about grinding the padlock)
3. It's not your driveway, it's their land.
You have a right of use, not a property right.
So reasonable access, yes.
And yes, turning around can be part of the arrangement.
But parking tradies' utes five days a week, or parking ten cars every weekend while you party,
in that turning space?
Not so much.
4. And speaking tradies' utes - if, say, your reno on your "shack" involves utes and machines hacking up the ground, then yes, you're liable for the make good costs. And no, you (and especially they) don't always and automatically get to cross the land at stupid-early o'clock.
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