NSW Property Law - Crossing a Farmer's Field to the Beach?

[Nellybelly]

Would some one be able to clarify if this is a case for Law of Prescription?

A street of neighbours have properties that back onto a farm. For over 30 years the neighbours have been crossing the farmers field to reach the beach on the bottom of the headland.

There have been no fences. The beach is a public beach. There is beach access via a crown landtrack that is about 600m further along the road.

Recently the farmer has erected fences preventing access across his land to the beach. Would the residents have a case for Law of Prescription in property law?

Many thanks.

 

[Rod]

You mean easement by prescription. At face value - quite possibly.

 

[Clancy]

I do not think people taking short cuts despite proper access is already provided, equals a easement by prescription.

 

[Tim W]

As a general principle, a landholder can, and is sometimes required to, fence their land.
That said, it's one thing to build a fence, but if a fence impacts on
another person's rights in other land, such as by "landlocking" a lot,
then an easement may be in play.

However, mere inconvenience caused by the legitimate exercise
of a landholder's right to fence their land, with that land
actually being otherwise reasonably accessible, may not create an easement.

You may find this helpful.

 

[Rod]

Right of way is potentially in play: Fernance v Simpson relying on Megarry & Wade. And Ross Bilton & Ors v Georgia Ligdas [2016] NSWSC 1262 for a later case.

I note there are insufficient facts to know one way or the other.

 

[Tripe]

If your property joins the farmers land, then he has erected a boundary fence, he can’t erect this fence without discussing it with the adjoining neighbours.

In saying that, a farmer has the right to keep his land and stock enclosed

 

[Rod]

Tell the farmer you'll pay for gates.