LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

TAS What is a Reasonable Easement Agreement with Neighbour?

Discussion in 'Property Law Forum' started by John Robert1, 27 July 2016.

Tags:
  1. John Robert1

    John Robert1 Member

    Joined:
    27 July 2016
    Messages:
    2
    Likes Received:
    0
    I have a question regarding a neighbour's planned development.

    I live on an axe handle block and the "axe handle" is part of my title. The neighbor has the right of way and a pipeline, drainage, and cable easement over the axe handle. We share a driveway which partly extends across the "axe handle" and partly extends over the neighbors boundary adjacent to the "axe handle".

    The driveway was built this way to preserve the established garden that runs down the outside side of the "axe handle". Because of this situation, my property was granted a right of way (including pipeline, drainage, and cable easement) over the portion of the driveway that extends over the neighbors title. So the situation is that there are 2 parallel easements with a driveway over the long joining boundary of both easements. The established garden is on the outside of the driveway system on my title, their easement.

    The property in front has recently been sold and the new owner wants to subdivide their block (adding another block in front of them adjacent to the street. They propose to relocate all services to their existing dwelling and the new subdivided block up my "axe handle" which will necessitate destruction of the established garden.

    I would prefer that the services were located under the driveway area and preferable on their title in the area that I have easement rights over in order to maintain the status quo and preserve the established garden. Is it reasonable to request or expect this?

    Currently, both titles benefit from the established garden and there is no real reason to destroy the garden and locate services there other than the fact that the neighbor has service rights over that area. The services could easily be located on the neighbors title in the area that I have easement rights as those easement rights prevent construction on that area anyway.

    Legal opinion much appreciated.

    Thanks,
     
  2. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,715
    Likes Received:
    402
    Hard as this may sound - forget the garden.
    Secure any existing vehicle access to your land, and secure any existing access to your services.
    With all due courtesy, I suggest to you, sentimentality about the garden
    (and how nice it is, and how much work has gone into it over the years)
    is not the main game here.
     
  3. John Robert1

    John Robert1 Member

    Joined:
    27 July 2016
    Messages:
    2
    Likes Received:
    0
    Tim, many thanks for your comment.

    Our access and services over the neighbors property is already secured via a recorded easement on both property titles.

    Regards
     
  4. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,715
    Likes Received:
    402
    Is the garden in question on your land or theirs?
     

Share This Page

Loading...