TAS Right of Way

[Deleted member 33133]

We share a right of way with our back neighbours, where we have a positive easement.

There is a small portion of this right of way that is currently dirt, that we would like to concrete. We have provided ample notification of our intent to concrete this portion (at no cost to our neighbors) and we are yet to receive a reply. Their lawyer just keeps saying she is waiting for further instruction.

What are our rights to concreting this portion? Can we just go ahead and do it? Given we have provided written notice on three separate occasions and also provided a written scope of work...

 

[Tim W]

If the easement is not on your land, then you don't get to concrete it without their consent.
An easement is a right to use, not a property right.

 

[Deleted member 33133]

Thanks for the reply.

So what about the right to maintenance? I know that neither myself or my neighbour have any obligation to maintain the right of way in such a condition that it will be useable by vehicles. But I thought either of us have the right to do this, if we wish?
Surely they couldn’t complain if we concreted the right of way, especially when we are not wanting them to contribute to the cost.

 

[Tim W]

M&R is a duty not a right.
In this case, you're not maintaining, you're upgrading.
And in the end, it isn't your land.
Have a read of this.