Right of Carriageway Query

I'm in the process of renovating and extending a terrace in inner Melbourne with the land sloping towards the rear of the terrace. I am planning to develop the lower ground floor which sits alongside the right of way.

There is a right of way benefiting the neighbors property, which is currently being using for access to his property with 11 L shaped stairs starting on the right of way land(about 7) and with 4 stairs located on his land.

Currently this right of way has no access to my property. Would I be able to excavate to lower the right for way , so that I can level the right of way to facilitate an entry to the lower ground extension of my property?

Would I then be responsible for the make good of the stairs for both my property and the neighbours stairs (removal and remedy) leading to his property (benefiting from the right of way)?

 

Not a short answer reply type query.

Best you sound out your neighbour who seems to have the benefit of the easement. An agreement generally resolves most issues.

 

Bonz, thanks for your reply.

The key question that I have is really am I legally able to excavate and change the height (floor level) of the right of way?

I agree, the remedial actions from the change in height is probably best discussed with the neighbor for resolution.

 

Hi,
if the ROW is not your land then you would need Council (if they are the owner) approval. Check your title to make sure that the ROW is shown as allowing you access to your land. If not then you are unlikely to be given approval to make any change to it, especially a change that formalises access.

Often there will be a Melbourne Water sewer under a lane, therefore change to level won't be allowed. Note: I'm a town planner, not a property lawyer, so this advice is based on my experience - it's not a legal opinion. A legal review of your title would be your best option. Best Hooper Property Lawyers are a big firm in Melbourne who do this sort of thing.