TAS Property Law on Shared Driveway Usage and Restrictions?

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Jane Hamer

Member
19 June 2017
1
0
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Hello,

We share a ROW and would like to prevent damage to the shared private road by heavy vehicles in the future. Can we specify a tonnage in an Agreement with our neighbours?

My understanding of property law is that you can not limit access of specific vehicles using the ROW but they are responsible for damage caused?
 

Gorodetsky

Well-Known Member
21 February 2016
146
35
519
Hi Jane,

I'm not a solicitor.

I'm a little unclear about the exact details, and with easements it comes down to specifics. Wiser folk than I have correctly said that proper advice cannot be given without a plan/map and the relevant legal documents.

I can offer these general rules.

Easements almost never require the owner to maintain an easement. And they generally don't prevent the owner from using their land. But these uses must not substantially interfere with the benefited parties rights

For instance, it might be reasonable for the burdened party to use the easement for a water truck to deliver a load of water to their tanks if they ran dry...even if some damage occurred to the easement surface.
It would seem unreasonable if the same happened, but they had piped water.

Generally, no party is made responsible for maintaining the roadway. If a party feels it needs to be maintained, it's up to that party to bear the cost.

The burdened party has no obligation to maintain the easement in a trafficable state, they generally have to refrain from substantial interference with the benefitted parties rights, but they are not prevented from reasonable use of the easement.

Reaching an agreement and understanding with you neighbours (outside of the legal system) would be my strong recommendation.

Google "Easements and common courtesy". The Kemp strang page is very instructive.

Regards
 

Tripe

Well-Known Member
22 May 2017
229
14
619
I am not clear?

Do you own the driveway (Servient) or have a right or carriage easement (dominant title holder) over someone else's land