NSW Property Law - Creating Access from Right of Way?

[Andre']

We access our property (dominant tenement) over a series of Right of Ways from a public road. We have recently lodged a DA to build a house. The Right of Way that we access our property is tarred, however, the verge is grass (about 6m). We need to construct access from the tarred surface, over the grass verge to our land for vehicle access.

The servient tenement is proving to be quite difficult and although we have requested their consent to do initial works (dig up grass and lay gravel), they are demanding almost freeway like construction standards, plans and whatever before they will consent to any works. We are happy with a gravel ‘driveway’ as it’s a rural type area. We thought we could do minimal works to maintain access to our property but we don’t want to trespass by not having their conscent.

Any help or thoughts on property law would be greatly appreciated.

 

[Tripe]

As long as the right of way covers this access

You can gravel and tarmac your access, you have implied rights to provide a durable safe surface to access your property.

Your neighbors are full of shite.


The only thing you can’t do is remove any soil from this easment, you don’t have rights to remove this from thier land as they own it.


Just give them a courtesy letter when this work will happen.

 

[Getoverit]

We access our property (dominant tenement) over a series of Right of Ways from a public road. We have recently lodged a DA to build a house. The Right of Way that we access our property is tarred, however, the verge is grass (about 6m). We need to construct access from the tarred surface, over the grass verge to our land for vehicle access.

The servient tenement is proving to be quite difficult and although we have requested their consent to do initial works (dig up grass and lay gravel), they are demanding almost freeway like construction standards, plans and whatever before they will consent to any works. We are happy with a gravel ‘driveway’ as it’s a rural type area. We thought we could do minimal works to maintain access to our property but we don’t want to trespass by not having their conscent.

Any help or thoughts on property law would be greatly appreciated.

Wondering how you got on with this?