I live in Albert Park and along the side of my property is an 8 ft wide stretch of land that appears on my title as a road for which I have "right of carriage way over".
The "road" leads to the property behind my place. I believe the whole of the land was originally on one title and it was subdivided in the 1930's creating my property and the carriage way.
When I bought the property 30 years ago, I had a gate at the real of my block that opened into the carriage way and the property behind had a gate where their property meets the carriage way.
In 1998 I left the country and my father looked after my property whilst it was rented out. I returned home in 2016. Whilst I was away, the fence along the carriage way had to be replaced and the replacement fence was built without the gate to my property. Additionally a gate was added to the entrance to the carriage way.
The house behind is rented and there is a small shed along the carriage way and the tenants use it to store thing along the side. Access is not blocked as the children use it as a cricket pitch.
In 2017, I rebuilt a gate returning my access to the carriage way. When I rebuilt the gate I told the tenant why I built it and informed them not to lock the gate as to not impede my access.
Initially I was worried about adverse possession, but I think the land is on the other houses title (not 100%) in which case it's not an issue?
I want to protect my right of carriage. Is the gate at the entrance of the carriage way or the shed on it a potential issue that could allow the owner to remove my right of access?
The "road" leads to the property behind my place. I believe the whole of the land was originally on one title and it was subdivided in the 1930's creating my property and the carriage way.
When I bought the property 30 years ago, I had a gate at the real of my block that opened into the carriage way and the property behind had a gate where their property meets the carriage way.
In 1998 I left the country and my father looked after my property whilst it was rented out. I returned home in 2016. Whilst I was away, the fence along the carriage way had to be replaced and the replacement fence was built without the gate to my property. Additionally a gate was added to the entrance to the carriage way.
The house behind is rented and there is a small shed along the carriage way and the tenants use it to store thing along the side. Access is not blocked as the children use it as a cricket pitch.
In 2017, I rebuilt a gate returning my access to the carriage way. When I rebuilt the gate I told the tenant why I built it and informed them not to lock the gate as to not impede my access.
Initially I was worried about adverse possession, but I think the land is on the other houses title (not 100%) in which case it's not an issue?
I want to protect my right of carriage. Is the gate at the entrance of the carriage way or the shed on it a potential issue that could allow the owner to remove my right of access?
