NSW Right of carriageway entry exit points

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

_Andrew_

Active Member
8 November 2020
6
0
31
Thanks in advance,
I am the burdened title with a right of carriageway down my ~300 meter driveway.
The entry point is at the street and the exit point is at the rear of the block 300 meters down my driveway, where it turns into the neighbours property and services the rear of the five properties down hill.
My understanding is that the right of carriageway is described as providing access to the rear of the five properties down hill.
My immediate neighbour that I share a boundary with has installed a gate about 60 meters from the road and then around 80 meters his contractors that do maintenance have driven off the driveway into his property dumping bark chip spilling back onto my driveway, then at around 100 meters along the same again and another point where his maintenance contractors have made another entry point into his property.
While his contractors are working on his property, they also park in my driveway and leave vehicles, equipment and rubbish in my driveway for days/weeks at a time.
The driveway is mostly bitumen and where they move from the bitumen to the dirt, the bitumen driveway edge becomes damaged and constantly in need of repair narrowing the bitumen.
We have had to repair it a number of times at significant cost to ourselves since we have been here.
While dumping mulch and other materials on his property from mine and the overflow and rubbish that is left behind are irritating, the more important question is, does he have the right to enter his property anywhere he feels like and do his contractors have the right to park in my driveway, or as my deed describes the right of carriageway as access to the rear of his property where it turns in and enters his property.
 

Harry De Elle

Well-Known Member
11 February 2017
39
1
124
Hi,
If it is deemed common public land / road then the first port of call is your local council to clearly establish the issues and access rights.
Take photos and go and see them ASAP as putting up gates sends some warning bells
 

_Andrew_

Active Member
8 November 2020
6
0
31
Thanks in advance,
I am the burdened title with a right of carriageway down my ~300 meter driveway.
The entry point is at the street and the exit point is at the rear of the block 300 meters down my driveway, where it turns into the neighbours property and services the rear of the five properties down hill.
My understanding is that the right of carriageway is described as providing access to the rear of the five properties down hill.
My immediate neighbour that I share a boundary with has installed a gate about 60 meters from the road and then around 80 meters his contractors that do maintenance have driven off the driveway into his property dumping bark chip spilling back onto my driveway, then at around 100 meters along the same again and another point where his maintenance contractors have made another entry point into his property.
While his contractors are working on his property, they also park in my driveway and leave vehicles, equipment and rubbish in my driveway for days/weeks at a time.
The driveway is mostly bitumen and where they move from the bitumen to the dirt, the bitumen driveway edge becomes damaged and constantly in need of repair narrowing the bitumen.
We have had to repair it a number of times at significant cost to ourselves since we have been here.
While dumping mulch and other materials on his property from mine and the overflow and rubbish that is left behind are irritating, the more important question is, does he have the right to enter his property anywhere he feels like and do his contractors have the right to park in my driveway, or as my deed describes the right of carriageway as access to the rear of his property where it turns in and enters his property.
The driveway is private property (mine)
 

Tripe

Well-Known Member
22 May 2017
212
13
619
I take it, you are the servient title holder.

Is the gate in the boundary fence? The common boundary between his land parcel and his easment ?
 

_Andrew_

Active Member
8 November 2020
6
0
31
Correct I am the servient title holder
Yes the gate has been put in the boundary fence between his land and the right of carriageway about 1/4 of the way along.

He has also used a bobcat or other machinery to make access into his property lower down where people that look after his property dump mulch or soil often spilling over onto my driveway.
There are currently two piles of mulch and a pile of rubbish/fill/dirt that his people have dumped across the boundary at various points along my driveway.
His workers also park in my driveway, sometimes for days at a time.
My wife recently had to clean up the rubbish strewn in our driveway by his workers where they left their lunch remains and associated rubbish.
My understanding is that they do not have a right to park in my driveway as the right of carriageway puts them in the top and out the bottom and my driveway is still private property.
It does not also allow them rabbit hole access anywhere along the driveway as the entry to his property is clearly defined on the title.
 

Tripe

Well-Known Member
22 May 2017
212
13
619
Subject to the wording of your easment

But in general, easements are silent when it comes to entry points/exit points. So he can exit/enter his property anywhere along the easment , he can enter/exit 1/4 along the length, 1/10 along the length or both or more.

You can’t obstruct him entering/leaving his easment, wherever he chooses, this however does not mean he can have 100 access points.

dumping of bark, parking would most likely not be allowed.
 

_Andrew_

Active Member
8 November 2020
6
0
31
The burden is a right of carriageway, not an easement.
I think there is a distinction between the two as they have different meanings.
 

_Andrew_

Active Member
8 November 2020
6
0
31
I guess my question then moves to, what course of action should I be taking?
The aim is not to prevent him or the other neighbour using it to get to the rear of their blocks, as they are all burdened in essence, but to stop the cars parking or trucks dumping rubbish up and down my driveway.
My preference is to simply continue the fence down the boundary to the bottom exit point.
The Mouse holes and access gate make this difficult.
 

Tripe

Well-Known Member
22 May 2017
212
13
619
Just write them a letter.

struggling to understand, your comment about building a fence?
 

_Andrew_

Active Member
8 November 2020
6
0
31
Re building a fence,
I am thinking that erecting a fence down the boundary from where the current one ends to the bottom where the right of carriageway turns into his property and having no mouse holes would resolve it fully.
He won't be happy, but that is not my biggest concern.