Right of Carriageway

Discussion in 'Legal Issues' started by LATS, 21st May, 2023.

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  1. LATS

    LATS Well-Known Member

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    The previous owner of our place long time ago owned all the surrounding properties but bit by bit sold them through the years.
    Our home is ‘A’ in the attached plan. The road officially ends just after entering our boundary. It then becomes a ‘private road’.
    Our property grants right of carriageway from the private road to:
    - ‘B’ the neighbour, and
    - the COUNCIL. Presumably for their trucks to be able to turn around, collect waste, and also able to access the driveway at ‘C’ which identify as a reserve, but is more like a hilly rainforest with a walking track which I marked in green.

    1. Would all residents of the council be included in that definition or just the council itself?

    2. ‘D’ is landlocked. It’s official address is the street above it, but given its hilly contours you actually can’t access the house from that street.
    ‘D’ is a 60yo dependent son of the previous owners at ‘A’ (which I now own), so D had always accessed his property from the private road of ‘A’. D’s other neighbors all have no vehicle or street access - they all access via a council car park at the reserve that’s outside of this pic.
    All this background because’D’ is now selling his property - can he/the new owners use s88E to force a formal right of carriageway from me? Alternatively would he as a resident be an extension of the council and therefore entitled to the right of carriageway granted to council?
     
  2. LATS

    LATS Well-Known Member

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    s88K
     
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  3. Scott No Mates

    Scott No Mates Well-Known Member

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    @LATS - the media setting is private and can't be viewed.
     
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  4. LATS

    LATS Well-Known Member

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  5. bmc

    bmc Well-Known Member

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    a lot to unpack here and with only a snap shot of a GIS to go by.
    you should discuss this with a property lawyer and/or a registered land surveyor

    1. - would probably be outlined in a registered dealing or s88b depending on how, - if, or why it was created. look on your property title for any notation.
    A right of way in gross, also known as a statutory right of way, is created in favour of a prescribed authority (like council, sydney water etc etc)
    a sec88k application will need to meet specific criteria

    2. - possibly (see above)
     
    Last edited: 21st May, 2023
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