Right of Carriage Way Easement and Parking

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David B

Member
18 December 2019
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I am the owner of the first of three properties on a right of carriage way easement in Hobart, Tasmania. The owner of the second property has had a boat on a trailer parked in front of my property for four months. There is no footpath and so the boat is parked against the wall of my property with parts of the trailer and boat extending over the wall. Despite verbal and written requests to move the boat so that I can maintain the weeds and have rightful access to the entirety of my property he is claiming he has the right to park anywhere on the easement as long as he doesn’t block others travelling over the easement. He coincidentally has a caravan parked in front of the third property. My understanding was that I should be able to have full access to any portion of the front boundary of my property from that easement. Can anyone advise what my rights are?
 
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Rob Legat - SBPL

Lawyer
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16 February 2017
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You'll need to check the exact terms of the easement document as to what rights of use the neighbour has. Given the described set up, I'd be surprised if he has the right to park anything on the easement for an extended period of time.
 
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David B

Member
18 December 2019
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You'll need to check the exact terms of the easement document as to what rights of use the neighbour has. Given the described set up, I'd be surprised if he has the right to park anything on the easement for an extended period of time.
Thanks for the prompt feedback and suggestion Rob.