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To answer this question, a few more facts are needed.
Has there been an easement registered on the Certificate of Title granting access rights to your neighbour?Is this the only method (not just the quickest) your neighbour can get access to his land?
it is on the title. which is the main problem. is there any way we can get this removed? and he still does have front access to his house.
Thank-you
SharnieThe following should be confirmed with a lawyer.
1. You can’t get the easement off the title without the agreement of the beneficiary of the easement, and it doesn’t sound like that will happen any time soon.
2. You are entitled to have one, two or 127 gates, providing that the specific terms of the easement do not prevent this.
3. You can’t lock the gates so as to prevent access/egress and you probably can’t force your neighbour to close the gate.
As a result, you need to put your thinking cap on to come out with a win/win result. Or maybe you don’t need to have a gate? Just a thought.
hi sharn
how many houses have access to this easement.
If only two ( from the part just moved in are these people tennents or owners) I would surgest a relatively cheap automatic closer unit( approx $600.00) with 4 transmitters on your land.
Giving them two hand sets.
You can then close the gate when open and they can open and close the gate at will.once they have lost there hand set and find it cost $75.00 for a new one they will go from the front.
If tenents the owner may pay part of the cost.
I am going thru the same thing with a site.
Four house use this lane that will soon have an extra 28 cars using it and they are trying to stop us using it as the main entry point to the garage area My recommendation to them was look at the survey, I have access, I have access,
The above I think is your best move.here to help
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