NSW Right Of Way Apurtenant

Discussion in 'Property Law Forum' started by Ralph G, 14 August 2019.

  1. Ralph G

    Ralph G Member

    14 August 2019
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    I'm hoping someone can explain what the following means which is noted on a title search for my property;

    A12345 Right of way appurtenant to the land above described as affecting the land shown so burdened in vol 1234 fol 56

    A12345 covenant

    The land above described is my property and the land shown so burdened is a laneway that runs down one of my boundaries. This laneway is used by the neighbourhood to access a public wharf. I have always considered the laneway a public thoroughfare, why would I need a right of way? Is this a way to ensure the laneway remains a right of way for everyone in the neighbourhood?

    Lastly, my site survey shows the laneway encroaches approximately 30cm onto my property. I have plans to replace the fence in the future. I would like to erect the new fence on the surveyed boundary line. Am I within my rights do so? I understand the council or Sydney Water own the laneway land. Do I need to notify them of the new fence? I'm assuming they are not like a normal adjoining neighbour where fence costs may be shared?

    Thank you in advance for your help.


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