Event and Time
Event Description
- This case involves a dispute concerning a right of carriageway with the plaintiff holding a right to access his property at 339 Cut Hill Road, Cobbitty, across the defendants' property at 335 Cut Hill Road.
- A fence constructed by the defendants along the right of carriageway has a gap of only 7.4 meters, which the plaintiff claims obstructs his ability to access his land effectively, especially for larger vehicles.
Application and Claims
- Plaintiff's Claims: The plaintiff argues that the fence with a 7.4m gap substantially interferes with his rights under the easement, limiting his access to the full width of the carriageway and affecting his ability to maneuver large vehicles, such as a long bus, on his property. He seeks injunctive relief to have the fence removed or modified.
- Defendants' Claims: The defendants contend that the gap allows adequate access and that the plaintiff's claims of substantial interference are unfounded. They argue permission to construct the fence was within their rights, stating that the privilege of fencing is acknowledged as long as it doesn’t unreasonably obstruct the easement's use.
Judicial Decisions
- The court ruled in favor of the plaintiff, stating that the fence constitutes an actionable nuisance by impeding the plaintiff’s legal rights under the easement. The court granted injunctive relief to prevent continued obstruction of these rights.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- The fence limits access to a single narrow gap, significantly restricting the use of the easement. - Prior to the fence, he had unimpeded use of the entire 48m for vehicular access. - The fence makes it difficult to move large vehicles in and out, particularly the bus.
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