Who maintains driveway involving right of carriageway

Discussion in 'Legal Issues' started by lookingforanswers, 22nd Jan, 2020.

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  1. lookingforanswers

    lookingforanswers New Member

    Joined:
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    sydney
    Can't seem to find a clear answer for my predicament.

    I own a battle-axe property that has a shared driveway with the street-facing property.

    There is a retaining wall running along the driveway as the driveway has been cut into a slope. The retaining wall requires repairs as its falling over, I understand the neighbour in the house above the driveway are not responsible for repairs but would it be reasonable to ask the neighbour with right of carriageway to contribute?

    can someone point me in the right direction please

    According to the title they have an easement for right of carriageway.
    my lot is burdened and their lot is benefited

    Note: I live in NSW.
     
  2. Stoffo

    Stoffo Well-Known Member

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    Went through this a while back.
    The lot owner is responsible, the secondary (or more in some cases) lot owner has use of the property for access/to traverse without stopping.
    Your title plan should show who actually owns the area concerned ;)

    You could ask for a contribution, but it could also get awkward.
    Are you being pro active in looking at repairs, or are they asking ?
     
  3. Gestalt

    Gestalt Well-Known Member

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    Brisbane
    Obligations to maintain or pay for maintenance of an area the subject of an easement are usually set out in the grant of easement which is lodged with the Titles office. Have you looked at this document?
     
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  4. Stoffo

    Stoffo Well-Known Member

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    In my case I trimmed back branches, hedging and ground cover hanging over the kerb along our RoC, past all three neighbors :rolleyes:
    One of them got upset and went legal :oops:
    The legal outcome stated that we are not supposed to "stop" (to trim :rolleyes:) on his property, and he is required to keep the RoW clear and maintained :p.
    As you state, your neighbor has right of carriage, and you have the burden of maintaining the area :(
    Unless there was an improvement to the drive/wall that benefits the neighbor I doubt they would want to contribute, unless they're one of the few "nice neighbors" out there o_O
     
  5. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    A retaining wall is generally the responsibility of the land being retained but when the party is not a landowner then you may need legal advice on whether the retaining wall is part of a dividing fence. See link below.

    You may need legal advice and support for making a lawful claim for shared costs. Get it wrong and the whole cost may be borne by you.

    Retaining walls
     
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