Protecting Freehold Parcel at Back of Land?

[Tom Alaka]

Hi All,

I own an IP unit in a complex in Qld, which has a perculiar quirk. There is an additional piece of freehold land we own which is roughly 2 metres wide and runs from the back of our property, between the 2 houses behind us through to the street behind us.

This piece of land is lawn and otherwise clear (ie there is no fence between the houses), and we have a locked gate on our back fence which aligns with this 'path'.

We sometimes have people cutting between the street behind us to our street (which is near a train station), using this path and then going through our property.

We have put a sign up on our back fence (do not trespass) and tell people to stop cutting through when spotted, but often hard to do so.

I am somewhat worried about protecting this parcel of land, from both abandonment of freehold or being an implied easement.

For instance, are the locked gate and do not trespass signs enough to guard against people cutting between properties?

Or what if either owner of the houses behind us consistently park their vehicles on our freehold land? Is it worth letterdropping the owners of the land annually, to give notice of the status of our land?

Obviously taking an extreme example of fencing the whole area would be highly costly, though unsure how to otherwise protect our interests.

I intend suggesting to our body corporate that legal advice be obtainted, but would appreciate what our collective thoughts are on the matter so as to asssit with my suggestion.

Thanks
Tom

 

[JoshyBoi]

From my understanding people have to know its yours!

What's the dimensions of the track approx, 2m x ?m?

You can be found to have abandoned it if you are taking care of it (eg: mowing) - further, and you'd have to get legal advice to confirm, it can't be an implied easement as you have not given permission for them to use it and you are actively discouraging it.

Fencing doesn't need to be an expensive affair, if quality is not an issue at this stage, chicken wire and wooden poles with a sign 'private property, no trespassers' would imo be sufficient...

Letter dropping wouldn't hurt, although annually is probably too frequent...though, is it the neighbours causing problems? do they frequently use this area? If there's only the risk that the park their cars there or use it for storage, it would be pretty noticeable and easy to tell them to stop - its the people using it for the train you want to stop!

Have you thought of putting a shed or something else on the land?

 

[the helix]

Hi All,

There is an additional piece of freehold land we own which is roughly 2 metres wide and runs from the back of our property, between the 2 houses behind us through to the street behind us.

Are we talking about a separate lot? I find it hard to believe that a council, in this case I'm guessing the BCC, would allow a lot of this size as a freehold parcel.

Is the lot owned by yourself, or by the body corporate?

Generally when there is a path between two streets (near a train station) there is a right of way / public thoroughfare easement across the common property. If this is the case, there's nothing you can do about it, as the Council would probably have made it a condition when approving the plan.

 

[Tom Alaka]

Helix, Joshyboi,

Thanks for your replies.

The block is very oddly shaped. It is a rectangle shaped block fronting our steeet, but for one difference - there is a 2 metre wide strip of land leading from the back of our block to the street behind us.

This strip of land:
- is connected to the main block.. ie forms part of the single overall parcel
- is freehold common property of the body corporate (this is not in dispute, the land is clearly our freehold).
- proceeds from the back of the main parcel, and runs the length of the way to the street behind us.
- it splits two seperate parcels of land on the street behind us. The houses on each block do not have a fence seperating them.
- there is no easement for this parcel of land, or any indication that it is a thoroughfare.

Anyone looking at the parcel, would simply think it is empty grass between the houses.

Hope this helps, if not, Ill post a diagram.

cheers
Tom

 

[travelbug]

Do you need/want it.

Why not ask the 2 house owners if they'd like to purchase it?

Be careful it doesn't become common property (look at the thread below this).

 

[ianvestor]

I'd get it fenced ASAP even if the fence is made out of cereal boxes, and then upgrade when you can afford it.

By the way is 2m wide enough to be a driveway? If so, I wouldn't be selling it as having vehicle access to the back yard is very handy.

-Ian