Private Airstrip

[sparksdusty]

Afternoon Folks

 

I'm a student recreational pilot. I live in a small regional estate that was subdivided into 11 lots. The development included a private airstrip with easement rights for the building of a hanger. This estate has a number of easements including cattle yards and access rd.

 

I am wondering if anyone has experience dealing with a neighbor trying to have a easement removed or is a pilot with legal knowledge

 

Regards

 

 

[storchy neil]

buyer beware what easement the air strip I assume wouldn't be the cattle yards neil

 

 

[sparksdusty]

Hi Neil

 

The estate which is 11 blocks of 100 acres. Only 3 blocks now have legal access to the airstrip easement I'm one if those blocks. I've lived here for 25 yeard and serviced and maintained the strip by myself. He bought the block maybe 3 years ago and built his home.

 

He has from day 1 tried to stop me using the strip.

 

From memory the estate has 4 easements

 

1 being the acess rd that goes through my property to other neighbours.

 

2. Airstrip

 

3 cattle yards

 

Just trying to find someone with knowledge of private strip or council or even legal knowledge to point me in the right direction

 

Regards

 

Jazie

 

 

[Cosmick]

Not the same but similar, read through might assist.

 

Private airstrip access

 

 

[storchy neil]

assumption by me that he failed to read the advertisement when buying did the sale notice state access to airstrip was he aware of airstrip neil

 

 

[FlyingVizsla]

Afternoon FolksI'm a student recreational pilot. I live in a small regional estate that was subdivided into 11 lots. The development included a private airstrip with easement rights for the building of a hanger. This estate has a number of easements including cattle yards and access rd.

I am wondering if anyone has experience dealing with a neighbor trying to have a easement removed or is a pilot with legal knowledge

 

Regards

Sparksdusty, I am not familiar with NSW, however the general advice I can give relates to Qld. You need to get a copy of the Title for the land or a cadastral map (shows land boundaries) which shows the easements. Easements are created for a purpose and you should be able to discover what the conditions are either as a note to the map, Title or registered with your equivalent of Dept of Lands. If your land is leasehold - owned by the State and leased long-term to an occupier for a purpose (eg Grazing Homestead Lease, Special Lease) there are terms and conditions attached. You need to contact your Dept of Lands for a survey map, then search for the relevant easements or leases and their conditions. An easement usually has an "owner". Then ask for advice from a Lands Officer regarding your rights and objection processes.

I have worked on Council doing development applications, and these kind of problems are why Councils now insist that access to other blocks be surrendered by the Developer, and gazetted as a Road (owned by the State and maintained by the Council), then there are no disputes regarding access. I had one that turned nasty when the owner welded the gate shut so his neighbours couldn't traverse his land to enter theirs as they had done for years. Then followed fence cutting, post flattening, ditch digging, yard burning, concrete pouring, car crushing, screaming matches etc. All over a couple of km of track. Don't let it get that far.

 

 

[turboplanner]

Hi NeilThe estate which is 11 blocks of 100 acres. Only 3 blocks now have legal access to the airstrip easement I'm one if those blocks. I've lived here for 25 yeard and serviced and maintained the strip by myself.

In Victoria, this time period woulod give you Existing Use Rights. Anyone could come along later and try anything they liked, but they could not stop the Flying Use, end of story.

 

Get some advise on the NSW status (which is likely to be much the same) from a Planning Consultant, who wil investigate the Zoning of your property and follow up on Existing Right Use, and you will then be on firm ground. This may cost you one or two thousand, but could make your operation watertight.

 

From that point on, any unfriendly intrusion on your operation would be subject to some substantial Local Government and State laws, which are likely to quickly bring things to order.

 

 

[sparksdusty]

In Victoria, this time period woulod give you Existing Use Rights. Anyone could come along later and try anything they liked, but they could not stop the Flying Use, end of story.Get some advise on the NSW status (which is likely to be much the same) from a Planning Consultant, who wil investigate the Zoning of your property and follow up on Existing Right Use, and you will then be on firm ground. This may cost you one or two thousand, but could make your operation watertight.

From that point on, any unfriendly intrusion on your operation would be subject to some substantial Local Government and State laws, which are likely to quickly bring things to order.

[sparksdusty]

Thank you for all responses

 

At least I have somewhere to start. It's been a long battle. I love the strip it' is amazing. Take off right over a gorge.

 

 

[IBob]

There are some miserable SOBs out there, aren't there?

 

 

[sparksdusty]

You betcha.

 

I can completely understand why he doesn't want it but he brought the property knowing that it had the strip. I heard via the grape vine that he always had the intention to have it removed. Cheap block thinks now he can profit from it.

 

I'm not prepared to give it up.

 

Anyone want to come to my place to fly!!!

 

 

[storchy neil]

who owns the block with the strip is the strip part of your title neil

 

 

[sparksdusty]

The strip is on a 2 neighbours its an easement and our title states we have rights to easement. Just as the acess rd to neighbours is an easement that goes through my property. I've never restricted access of the rd as I know it's a legal right they have to it.

 

 

[sparksdusty]

Yes its part of my title

 

 

[storchy neil]

personal opinion he might have to learn to whistle right of use favours you after 25 years but I would get a planning consultant to confirm as turbs says neil

 

 

[farri]

Yes its part of my title

Have you had a discussion with all of your neighbours?...Regardless of what the law states, it will be extremely dfficult for you to fly from there, if you don`t have a good relationship with your neighbours.

 

Frank.

 

 

[Oscar]

Where is this strip? I live near Colo Vale, and am not aware of any strips around here other than the Mittagong strip (leased by BDAC) and a small strip opposite my place used for RFS fire support work (choppers and Thrush water bombers).

 

 

[sparksdusty]

At Bullio. I have good relationship with all my neighbours and they have no problem with the strip or the use of ut. The only people with the dispute are the ones that have the strip on there land

 

 

[Oscar]

Aha, ok. I sure hope it gets sorted ok and the strip remains in use and serviceable, as it would be good to know there's a spot that's possible if flying up north on a track from Mitta through to Taralga and then up past Oberon..

 

 

[storchy neil]

sparksdusty bullio that has to be wombean caves road I think neil

 

just google it yep wom caves rd was carting marble blocks out off wom caves back in 1968 with a 36ft semi traier some great screanery up their neil

 

 

[coljones]

sparksdusty bullio that has to be wombean caves road I think neil

Where on Wombean Caves Rd?. It is a long and windy rd. Perhaps alongside?

 

 

[sparksdusty]

Yes thats right. Yes its got incredible views especially from up above

 

 

[storchy neil]

sparks there was three corners that had to scrape the bull bar of the benz on the wall or the trailer and me would have been at the bottom in the river

 

used to be an old bloke just after the tunnel that used to get a ride into mitta Friday arvo Monday he was looking to go back out

 

quite interesting he was showed me a couple off caves and drawings

 

must get of me arse and take a trip down mem lane

 

the water fall one day going up this bloke with caravan hugging the wall coming out wanted me to pass on the out side of him shit that road was not wide enough to pass two wheel barrows on his wife poor woman was shit scared

 

told him to back up he said no you back up he wanted me to back around water fall corner I backed his caravan up because he couldn't yeh know 7ft9 wont go into 7ft 4 because his van might fall over the side van had a little grove in it

 

took a mate up one day never wanted to come with me ever again his wife said cant be that bad can it she had a ball but then again with eyes closed who knows

 

Monday and Friday every week two or three blocks of marble back into Sydney

 

1968 50 bloody years ago if only could do it all again neil

 

 

[sparksdusty]

Wow. Yes I've had some near misses in that rd.

 

Im sure things have changed since you travelled caves rd. The old bloke if it's the same one is still often seen trying to get a ride into town.

 

Neil do you fly?

 

Once all this is sorted more than welcome to come for a visit

 

Regards

 

Jazie

 

 

[Oscar]

Monday and Friday every week two or three blocks of marble back into Sydney

1968 50 bloody years ago if only could do it all again neil

Melocco Bros? Wombeyan Caves marble was used in the surround to the Tomb of the Unknown Australian Soldier.

 

Used to travel that road going from Mittagong to Mt Jerrong and back to help a mate on his Pine plantation on the weekends in the late 80's ; at night, an ex-Aus Post Toyota Hilux ( the orange ones, first model, with half a candle for headlights); gave it up because too many fwits travelling at 10 kph frightened out of their wits, going to the Caves to camp for the weekend, who never moved over to let anybody past. Faster to go to Goulburn and up through Taralga.

 

As a member of the Jerrong- Paling Yards RFS unit, have fought over the years many fires in that general area, from the bottom of the Blue Mountains National Park to as far as Yerranderie, including five times to keep the Bindook Nav. Station safe ( some b@stard was lighting them up every couple of years at one stage), and until you've been in a Cat 7 fire truck driven expertly by the guy who maintained the roads ( to use the term lightly) around there for years and knew every damn corner so could travel at 80 - 100 kph drifting the truck everywhere, you don't know terror.

 

That whole area is one that anybody flying over in an RAA aircraft who does NOT have sufficient height to glide to a clear landing site is a damn fool and frankly does not deserve a rescue attempt in the case of a crash if not carrying an EPIRB. That may sound harsh, but the terrain and the bush coverage would swallow up anything less than a heavy with no trace from an air search and trying to cover any area off the tracks on foot is hugely difficult. There are areas where you'd be pushed to the limit to make 1k over the ground in an hour.