Driveway not on title for battle axe property

Hi guys

I am looking at buying a PPOR which is unfortunately a battle axe lot of about ~250 sqm. The full block is 650 sqm with the house with the frontage taking up about 400 sqm.

There is a driveway to access the property down the side which i have been told by the Agent is only used by the battle axe lot as the front house has no rear access and they have their own small driveway for parking. Street parking is ample so i cannot see a situation where the drive way is ever used by anyone except me.

However, it does not appear the driveway is on title. The Agent said it is strange since most of the time it is. This is positive in the sense that the sqm is reflective of the usable land vs including a long useless driveway.

My concern is though is:

1) if the driveway is not on anyone's title, isn't there a huge risk that somebody i.e. the front house buys the title to the driveway and blocks me in? It would be hard to imagine but legally is that possible?

2) Also i would like to erect a fence down the driveway as currently it is unfenced and open to the neighbours driveway. Would this be possible if I don't own the title to the driveway?

3) Who's responsibility would it be to maintain the driveway if nobody owns it?

Thanks!

 

what does your solicitor say?

How do you know it is not on title to the front block?
Any easements?

 

Thanks for the quick reply.
Sorry i have just inspected the property and not engaged a solicitor yet and am wondering if it is just a no brainer massive red flag from a legal perspective.
The Agent said it is not on anyone's title. Of course i would need to confirm if i do progress.

If it is on the front block's title, that feels like a big red flag too? I would be granted an easement but it just doesn't sound like it would be worth the hassle / unknown risk / nightmare neighbour scenarios?

 

As per @Terry_w - it's probably a right of carriageway only.

You don't own it but don't need to maintain it either.

It will be on someone's title, it may require another title search.

As you don't own the ROW, you can't fence it as you'd be alienating the parts of the owner's land.

 

@Mogley

you will need to review the terms of the Easement (Right of Carriageway - Right of Way - Right of Access etc etc)

but this is where there is a grey area. The old subdivisions (dealings) could be a bit vague with the terms in regards to who maintains and or any restrictions like fencing the boundary etc.
The right of ways created by the newer plans are better (in general)

ask the agent to mark up the Deposited Plan, showing exactly what he intends to sell you.

the Lots could be configured in a few different ways
(see the 2 examples below with a Right of Way enabling access. (title boundary shown in RED)