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Easment Harassment.

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Ralph mouth View Drop Down

Joined: 24/September/2017
Location: Australia
Posts: 3
  Quote Ralph mouth Quote  Post ReplyReply Direct Link To This Post Topic: Easment Harassment.
    Posted: 25/September/2017 at 10:12
I have a problem with neighbours from Hell (NFH)

I have a 1 acre road fronting block and the NFH lives behind me and has a battle axe block, I have a dominant title for Right of Carriage easement to use the handle component of the battle axe block to access my property.

The HFH are cashed up Bogans, he FIFO to the mines and she is short skirt wearing receptionists at a real estate agents.

They regularly have big parties with his mates when he returns back home from his roster with the mines.

We have had verbal run ins over my use of the easement and she has stated she has taken advice form a solicitor who does work for the Real Estate company where she works, to stop me using the easement and to have the easement extinguished.

They have threaten me with police action if I keep using it.

I know they are full of crap, about extinguishing the easement, as it is listed on my property title and I have verbally told then so.

my right of carriage easement has several 2m high ornamental trees, ln the last month the NFH and friends have started pushing empty beer and Bundy cans etc on the ends of the branches, and then yesterday they came down half drunk and wrapped the trees in Xmas tinsel.

They were laughing and posed for selfies infront of the trees.

Issue: This is all done to deliberately Harass / Annoy / Humiliate me and my family, our only access to our property is via the right of carriage easement with the Bogan Xmas trees. Their property is not visible from the public road in front of my house and any person who travels on the public road in front of our property would solely associate the Bogan xmas tree with my property.

We have sent them a letter to stop them putting offensive crap on trees in our easement, but this has just egged them on.

I have investigated a new access road, but it will cost over 200k as their is major buried services that will need to be cut and rejoined, ( major regional Telstra cable, Gas, and NBN) to cut in a new driveway access

Do we have any legal right to use an easement free of harssment?

Eddy View Drop Down
Senior Member
Senior Member

Joined: 14/December/2012
Location: Australia
Posts: 189
  Quote Eddy Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2017 at 13:26
From what I understand, while you have the access easement there's not much they can do about it. I would have thought that the trees would be their property (the land is their property) - I don't think you would be allowed to plant trees or install anything on the access easement.

(You may even have shared responsibility in the upkeep of the easement for vehicle use - not sure though.)

Unfortunately I think they've got you - it's their trees and they know it appears to be associated with your property and how much it upsets you with what they are doing. I don't think you could claim harassment.

If they were smashing bottles in the easement than the broken glass may represent a hazard to vehicles and you might be able to do something about it but I don't think they would do this since they also have to drive down it.

Ralph mouth View Drop Down

Joined: 24/September/2017
Location: Australia
Posts: 3
  Quote Ralph mouth Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2017 at 14:34
I have been advised that their actions are an actionable private Nuisance if is planned to affect the enjoyment of living at my property,

Also an easement has to be free of nuisance, my lawyer friend is 50/50 if this covers the bogan Xmas tree

citizen-joe View Drop Down
Senior Member
Senior Member

Joined: 09/October/2005
Location: Australia
Posts: 759
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2017 at 15:08
Some formal advice from a solicitor followed by an appropriate solicitors letter to these people is an approach.

However this will cost you money and may result in you having to go to court to get an order, which will cost you further money. Is there an alternative?

You say you have a large block with a large frontage, can you relocate your access point and save the hassles and expense?

Setting up a new entry may cost you money, but perhaps you could offset this by offering to have the easement extinguished for a fee to cover your expenses with the new entry.

Edited by citizen-joe - 25/September/2017 at 15:12

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