NSW Adding Our DP to Right of Way - Possible?

Discussion in 'Property Law Forum' started by Jannine, 14 September 2018.

  1. Jannine

    Jannine Member

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    Hi,

    Can a neighbour put a locked gate up on the road blocking us (only) access? There is a public road that comes to our house but it goes in and out of the public road reserve through his property, due to it being a rural dirt road and movement over the last 100 years!

    There is no other access to our property.

    One other neighbour put a Right of Way over the road track but all other neighbours haven't. Is it possible to add our DP to that Right of Way?
     
  2. Tripe

    Tripe Well-Known Member

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    Not knowing all the details,

    The landowner is not doing anything wrong fencing or gating a private property.

    If it’s a public road, not sure how a right of carriage easment can be placed over it?
     
  3. Rod

    Rod Lawyer
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    You have rights of access but may need a lawyer to sort it out for you.

    First step is to approach the neighbour explain the problem and see if they will co-operate.

    Second, if 1 fails, put your position in writing and send via registered post. Do not just put it in the letterbox - you want proof of sending/delivery.

    Thirdly, if 1 and 2 do not produce a result, hire a lawyer.
     
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