by Ralph mouth  25/09/2017  184 Page Views
3 Comments  Commercial law, litigation, contracts, IP, property law
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?