NSW Right of Carriageway - Rights of Neighbour to Build Retaining Wall?

[Bryan Martin]

We are the owners of a right of carriageway, but are burdened and the other neighbour has right of carriageway. However, he has built a retaining wall and a staircase that intrudes on our property boundaries.

I have requested them to remove it as I was given to understand that this carriageway only allows them access and not to restrict or is as a parking bay, as their parking bay is too short to park a car on, so they restrict the carriageway.

As he is a Lawyer seems to have answers as to his rights, etc. However, I want to have this clarified and have all the stairs / garden retaining walls removed, as I am worried that if we want to sell, we will need clarity on our boundary lines which I have had recently surveyed to ensure we were correct with my rights to have the carriageway kept clear.

 

[Rod]

You haven't said what state you are in, but the lawyer is bluffing you. He can't build on your property without your consent.

 

[Clancy]

How long has this been going on? The lawyer may be bucking for the magical 'adverse possession' laws which means under certain circumstances, the lawyer can magically own that portion of the OP's land for free.

I call adverse possession 'magical' because it is a force beyond comprehension of all logic and reason.

 

[Bryan Martin]

Thanks guys.

We are 75 and 78 years old and live in a NSW country town.

Was worried about the "adverse possession" situation as you have mentioned for when we want to sell.
Have asked him to meet with me and send me written confirmation as to when he intends to remove the intrusions onto our boundary lines.

However, we also worried about whether he has a right to alter the ground levels to access a parking bay he has constructed without Council approval and sits partially on our boundary line by up to 1000mm

 

[Clancy]

Thanks guys.
We are 75 and 78 years old and live in NSW. country town.
Was worried about the "adverse possession" situation as you have mentioned for when we want to sell.
Have asked him to meet with me and send me written confirmation as to when he intends to remove the intrusions onto our boundary lines.
However, also worried about whether he has a right to alter the ground levels to access a parking bay he has constructed without Council approval and sits partially on our boundary line by upto 1000mm

I am no expert on adverse possession, but a fairly strict set of conditions have to have been met before someone can take your land for free.... but it varies depending which state you are in. I think NSW is the strictest?

You should at the very least, register your concern with a written email to your local council.
It does not matter what they said or you said or anyone else said...verbal communication is not a very useful thing for evidence later on, but something written, especially email, text, very good!

 

[Rod]

whether he has a right to alter the ground levels to access a parking bay he has constructed without Council approval and sits partially on our boundary line

No he doesn't have the right to alter your ground without your permission.