In the recent case of Au v Berlach [2021] NSWSC 806, the parties to the dispute were neighbours. The defendants had the benefit of a right of way over the land of the plaintiff. The parties were unable to agree on how the defendants were entitled to use and maintain the Right of Way in accordance with their rights at law. For example, they disputed about the right to use leaf blowers, and the taking of other steps on behalf of the defendants, to maintain and enjoy the rights to use the Right of Way. 

The Court dealt with the matter in a peremptory fashion, and the proceedings were referred to the Expedition List Judge. The defendants were ordered not to enter the easement other than to pass over the right of way. The specific requirements were that the defendants not perform maintenance other than by a third-party contractor; not more than twice per week; not more than for one hour on each occasion; and confined only to the removal of leaves, organic debris, moss and branches on the Right of Way. Additionally, the defendants were not to let their children ride their bicycles for extended periods of time on the right of way, or to chase bush turkeys on it. 4y

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