Measure twice, Court once.

NATALIE found a perfect block to build her new home.

Prior to purchase, Natalie’s solicitor informs her that there was a carriageway running through the western side of the property in favour of her neighbour, Barbara.

Nevertheless, Natalie proceeds with the purchase of the property.

Barbara as a generational landowner had utilised the carriageway for many years, but in a short time, built a good relationship with Natalie, and all was amicable.

After several years passed, Natalie’s family expanded and so did her need for storage.

Natalie builds a shed on her property, but unfortunately after the shed was built, Natalie examines the surveyor’s plan of the property and discovers that she had built part of the shed on the land that was subject to the carriageway.

In the meantime, Barbara was granted approval to subdivide her property into eight lots and an integral part of her development was that the owners of the new lots would have the use of the carriageway through Natalie’s property.

Barbara discovers that the shed may now impede her development and after heated discussions, not surprisingly, Natalie’s and Barbara’s relationship deteriorates.

Barbara commences Court proceedings seeking orders that the shed be removed from the right of carriageway, on the grounds that the shed had a “material and substantial” effect upon her use of the carriageway and on the proposed development.

However, Natalie demonstrates to the Court that the placement of the shed was at the widest section of the carriageway, so that vehicles could still have easy use of the carriageway, to and from Barbara’s property.

Natalie also provided expert evidence to the Court, which showed that even taking into account the increased usage which would result from Barbara’s proposed subdivision, the carriageway would remain more than adequate.

The Court found that Natalie’s shed would not unreasonably impede the proposed use of the right of carriageway and ruled that the shed could remain.

Thank you to Anthony Fogarty for his assistance with this column.

If YOU would like a particular issue addressed, please email me at manny@tblaw.net.au or call me on (02) 66 487 487.