I own a 100 acre property in NSW dissected by a road, and consequently a Right of Carriageway 20m wide exists on the larger part of my title showing my lot as being the “authority benefited” with this carriageway burdening several lower numbered lots that lead to the main road (the dissecting road). My lot is also “burdened” by the authority given to higher numbered lots.
I believe that this carriageway allows me free access to and fro through the lower numbered blocks via the carriageway.
Alas the owner of the lowest numbered block, which abuts the main road, uses this carriageway adjacent to his illegal-looking house-shack as his sole driveway and has now become physically hostile, even making it clear he likes shooting. On each of the only four times where I’ve needed to use the carriageway I’ve each time politely given him advance notice out of courtesy, and latterly as his hostility grew, tried to calmly remind him about the legal rights benefiting the higher numbered lot holders.
I have only been here a relatively short while and don’t know whether any other landowners have tried to use the carriageway, or ever wanted to, but I have an increasing need to access this (larger) part of my property yet after today’s event I don’t know what to do. Frankly he’s scary. Yesterday a guest of mine (a random guest, I host campers, and she was travelling alone) allegedly drove up his driveway/the carriageway (god knows why – it’s about a km from my place - I can only imagine she though it was a public track following the adjacent creek – it is a rough looking driveway) which led him today to come up to my place, lure me out my gate then physically assault me and threaten greater violence. To be 100% clear, I’ve never discussed with anyone about the carriageway who didn’t already know about it (ie. other lot owners and the RFS)
Whilst I can write him a calm matter-of-fact letter outlining the facts and my rights (or get a lawyer to) but I’m quite confident it will not change his mind given his overly hostile manner and today's unsolicited assault (he only grabbed my arms and shook me, I'm in my 60's); and meanwhile I have no access!
If the police could be enrolled to oversee my next use of the carriageway, well that would be ideal, even if only once, but I suspect that the police might not be remotely interested unless something bad happens first.
I really do not want to get shot!
Sorry, all this mess probably crosses law, psychology, policing and potentially an unsustainably unfair (to my other neighbors) financial arrangement!!
Folks, I’m at my wits end and even a little fearful at home too, even on the main road in, let alone on or near the carriageway!!
How can I possibly defuse his apparently psychopathic behaviour? while getting him to let me use the carriageway ideally (ideally!) in a way that he thinks it was his idea to change his attitude?
Any suggestions out there???
I believe that this carriageway allows me free access to and fro through the lower numbered blocks via the carriageway.
Alas the owner of the lowest numbered block, which abuts the main road, uses this carriageway adjacent to his illegal-looking house-shack as his sole driveway and has now become physically hostile, even making it clear he likes shooting. On each of the only four times where I’ve needed to use the carriageway I’ve each time politely given him advance notice out of courtesy, and latterly as his hostility grew, tried to calmly remind him about the legal rights benefiting the higher numbered lot holders.
I have only been here a relatively short while and don’t know whether any other landowners have tried to use the carriageway, or ever wanted to, but I have an increasing need to access this (larger) part of my property yet after today’s event I don’t know what to do. Frankly he’s scary. Yesterday a guest of mine (a random guest, I host campers, and she was travelling alone) allegedly drove up his driveway/the carriageway (god knows why – it’s about a km from my place - I can only imagine she though it was a public track following the adjacent creek – it is a rough looking driveway) which led him today to come up to my place, lure me out my gate then physically assault me and threaten greater violence. To be 100% clear, I’ve never discussed with anyone about the carriageway who didn’t already know about it (ie. other lot owners and the RFS)
Whilst I can write him a calm matter-of-fact letter outlining the facts and my rights (or get a lawyer to) but I’m quite confident it will not change his mind given his overly hostile manner and today's unsolicited assault (he only grabbed my arms and shook me, I'm in my 60's); and meanwhile I have no access!
If the police could be enrolled to oversee my next use of the carriageway, well that would be ideal, even if only once, but I suspect that the police might not be remotely interested unless something bad happens first.
I really do not want to get shot!
Sorry, all this mess probably crosses law, psychology, policing and potentially an unsustainably unfair (to my other neighbors) financial arrangement!!
Folks, I’m at my wits end and even a little fearful at home too, even on the main road in, let alone on or near the carriageway!!
How can I possibly defuse his apparently psychopathic behaviour? while getting him to let me use the carriageway ideally (ideally!) in a way that he thinks it was his idea to change his attitude?
Any suggestions out there???
