NSW Right if carriageway

[Pratty]

We have a right of carriageway on our property which hasn’t been used since we built our house 2 years ago. The property who owns the right of carriageway has front road access to their home and does not need to use it. Is their any way it can be extinguished by us.

 

[Docupedia]

The majority of easements (which a right of carriageway is a form of) are contractual in nature. If yours falls into that category, then you’ll need to get all parties holding the right of carriageway to agree to surrender their right. NSW will almost certainly have specific titling documents which will need to be executed and registered (each state is different).

 

[Tripe]

No, you have no ability to extinguishing the easment, in the situation you describe without thier agreement.

If you want the easment removed , your best option is to buy Them out or compensate them for giving up thier easement.