NSW Right of way access not included on my title

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Caro

Member
8 January 2024
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We bought a property that was subdivided by previous owners into 3 properties. Our access is via a neighbour's driveway and I found out that this right of way should have been registered on both properties titles but wasn't (the third property access was registered on the relevant titles). My neighbour wants us to indemnify him if any accident/damage is caused, but otherwise will continue to allow access. We want something more permanent and have concerns that we couldn't get insurance cover against this indemnity risk. How can this be resolved? How would the council have permitted the subdivision without this? Should the real estate agent have notified us of this and how about our lawyer who managed it? Thanks in advance.