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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
The ROC is there for the party that needs it to access their property.
It is also registered their land that is benefited. Unless they agree you cannot move it and even if they do agree it is not cheap. A new plan has to be prepared and approved by council and also any bank registered on title.
If the other party do not agree you need a court order.
I hope his makes sense?
Yes that is correct.
If he does not agree to have it changed you will need a court order.
If you can show the court that it is not required they can order it be extinguished and no longer exist.
But a new plan will have to be drawn up approved by council and if there is any bank they also have to sign it as well as you and the neighbour or the court.
Your first point of call is to see if you can get his agreement.
I hope this makes sense and is of assistance. If there is nothing further
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