NSW Neighbour has Right of Footway - What are My Property Rights?

There are no hard and fast rules with respect to easement areas where multiple people have equal access rights. Essentially the issues surrounding security and your dog are issues that must be worked out with the other users, there are no specific laws that state - "people using easements must shut gates so dogs don't get out". Its a difficult situation, but unfortunately there is no section you can quote to the other users that requires them to respect your wishes.

 

Hi Elizabeth,

Yes easements can be a real drag.

You do understand that while this neighbour has rights of access... You have all the rights of ownership. And unless there are some pretty special clauses written into the grant, they cannot exercise their right unreasonably.

They cannot prevent your use of your property by unreasonable exercise of their right.

There is a webpage called "easements and common courtesy" - Google it.

The final paragraph is the clincher. Victoria S is correct. No hard a fast rules. Some people abuse easements because enforcement is too expensive.

I suggest you get a sturdy metal gate fitted with a "self closing mechanism", a slam-catch, and a lock, give keys to the easement holders.

Good luck

Regards

 

Hi Elizabeth,

Yeah, look, I'm not sure telling this neighbour that "they mustn't exercise their rights unreasonably" is actually a good idea. I think it will proceed badly, and perhaps the 7th point of that page expresses it best:

"A carriageway must not be used by a dominant owner in such a way that it unreasonably interferes with the lawful use of the servient land by others"

Personally, I don't think you can get anywhere with privacy issues or who they invite thru, or your fears about theft.

I just suggest that a self closing gate is not a material interference with their access...and if they intentionally let the dog out, especially if you put up signs, might unreasonably interfere with your right to keep a dog in your back yard.

Let's just look at your initial questions. Oh, please understand I am not a solicitor, so this is not legal advice:

Do you have a right to ask? Sure, you can ask.

Do they have an obligation to do so? No. You'd have to take them to court and prove unreasonable interference with you rights. Cost heaps to do so, no guarantee you'd win.

Who is responsible if dog gets out? You.

Yes, anyone the neighbour invites thru has access, however they can't step off the land designated as footway into land not footway. They have no rights outside of the footway.

Accidents? Dunno, depends on all the details. Don't make the area dangerous and it won't be you.

Theft? The thief is responsible.

Privacy? Your privacy is not unreasonably interfered with by people walking thru. Close the blinds, dress if you intend to sit in the back yard. You are aware the footway has other lawful users at all times.

Good luck