NSW Removing tree from carriageway easement

Discussion in 'Property Law Forum' started by WWW21, 11 February 2019.

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  1. WWW21

    WWW21 Member

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    Hi there

    I own a property that has the benefit of a carriageway easement over the driveway of the battleaxe block that sits behind my property (the easement runs the full length down the side of my property). The driveway and carriageway easement provide access to the carport and garage located at the rear of my property (they cannot be accessed by vehicles via any other route). The carriageway easement is broad (there are no limiting terms beyond the normal statutory definition in NSW).

    I recently purchased the property and the previous owners had not been using the easement as they parked their cars in the front driveway. Since purchase I have opened up access to the easement and have been using the driveway to access the carport (the burdened landowner has no issue with this). Since doing this I have realised that a tree located on the burdened property and within the easement area makes it difficult to access the carport and impossible to enter the garage with a car. I have spoken to the burdened land owner and they are not keen on removing the tree. The tree does not require a permit from council for removal.

    My question is whether it is in my rights to remove the tree to allow full vehicular access to the garage and carport?
     
  2. Tripe

    Tripe Well-Known Member

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    You have the right to pass over the easment free of obstruction.

    If the tree is acting as a reasonable obstruction, then you would be able to move it.

    However, if your neighbour can show that you can access your carport without the tree being removed, then I wouldn’t touch it without consent from the neighbour.
     
  3. WWW21

    WWW21 Member

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    Thanks for your note. I can access the carport with some precision parking, however I cannot get a vehicle into the garage due to the tree.
     
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