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Leon, We are living in Victoria and have just moved into our
Hello leon, We are living in Victoria and have just moved into our home after construction and have fencing and retaining wall questions for you please. On our south side of the property the master be… read more
John Melis
John Melis
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I have a right of way access over my land from the highway
I have a right of way access over my land from the highway to an internal block. The owner of this block has allowed another neighbour, who has his own access along the highway, to use this right of w… read more
John Melis
John Melis
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, My property is a battleaxe block - I am at the rear.
My property is a battleaxe block - I am at the rear. I own the driveway which accesses my property. I also have one neighbour who has no driveway even though they are on the street front - they use my driveway to access their property ( a right of carriageway exists). This is not a problem for me. Recently the property on the other side of my driveway was sold - and the new owners have indicated that they want to also use my driveway for access and install a gate approx halfway up to access their rear deck without going through their own house as it is inconvenient. They are also street front and have their own driveway and garage adjacent to their front door. Do they have a right of access in this fashion? Does this mean that the general public have a right to use my driveway at any time? My new neighbours would likely need to construct a stairway on my property to access the gate and their deck - do they have a right to build a structure on my property? Thanks! Denis … read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Hi Leon, we have a right of carriageway over our neighbors
Hi Leon, we have a right of carriageway over our neighbors property, it is a long block of land with three houses on the property, (the front house was the original house and sold the back portion to … read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Hi Leon, Our neighbours have a right of carriageway over our
Hi Leon, Our neighbours have a right of carriageway over our land as in the past they used our driveway to get to their carport. However, they have since demolished the original house and built a driv… read more
Leon
Leon
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Master's Degree
32,717 satisfied customers
We live in NSW in the Willoughby Council area. We own a residential
We live in NSW in the Willoughby Council area. We own a residential battleaxe property including the driveway up to the main street, and are therefore repsonsible for all maintenance/repair costs. We … read more
James D. Ford
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We have a right of carriage way over a section of our neighbours
We have a right of carriage way over a section of our neighbours land on title. This is an area at the bottom of a shared driveway (owned by us and this 1 neighbour)which allows us to access our prope… read more
Leon
Leon
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Master's Degree
32,717 satisfied customers
The owner of an adjoining property has made a development application
The owner of an adjoining property has made a development application with local Council for subdivision of his land. The land in the DA is accessed by a Right of Carriageway (ROC) across my property … read more
James D. Ford
James D. Ford
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1,600 satisfied customers
I live on a battle axe block adjacent to our neighbours battle
I live on a battle axe block adjacent to our neighbour's battle axe block. As a result there is a 3 metre right of carriageway or easement on each block making a 6 metre wide shared easement, as each … read more
Brisbane-Lawyer
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Q: Keeping my property gate closed at Right of Carriageway. My
Q: Keeping my property gate closed at Right of Carriageway. My neighbour and I have adjoining industrial zoned properties both with our own main access gate and right of carriageway on each block on o… read more
Leon
Leon
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Master's Degree
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I have lived next door to my neighbor for 22 years, they have
I have lived next door to my neighbor for 22 years, they have been there over 30yrs. about 12 yrs ago we agreed to replace the original fence that had been there since 1962/3. so I could replace the e… read more
Leon
Leon
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I engaged a registered builder to construct a farm shed on
I engaged a registered builder to construct a farm shed on my property; he submitted the drawings to council which were approved. The shed was constructed and signed off by myself as completed on 16/4… read more
Brisbane-Lawyer
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My title has listed under the 2nd schedule a right of carriageway
My title has listed under the 2nd schedule a right of carriageway for a neighbouring property. However that neighbouring property under the 2nd schedule has only its own seperate access listed as a ri… read more
Leon
Leon
Solicitor
Master's Degree
32,717 satisfied customers
Hi i recently purchased a lock of land which is a battleaxe
Hi i recently purchased a lock of land which is a battleaxe block. The purchase included a right Of carriageway through a neighbours property. This right of carriageway is the only access i have to my… read more
Leon
Leon
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I need to erect a fence and the adjoining owners have sold
I need to erect a fence and the adjoining owners have sold there land and have a settlement date of 30th june they are saying that they are not responsible for half share and will try to avoid paying … read more
Peter G.
Peter G.
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We have an issue with right of carriage way(non reciprocal).
We have an issue with right of carriage way(non reciprocal). For over 40 years it has been reciprocal we have had the same access since we moved 13 years ago and we solely mantained this access as wel… read more
Leon
Leon
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Master's Degree
32,717 satisfied customers
I have two questions in relation to a recent DA with Hornsby
I have two questions in relation to a recent DA with Hornsby council NSW. The first question relates to the allowable uses of a right of carriageway. I live in a battleaxe block and understand from my… read more
Brisbane-Lawyer
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I have a rural property in NSW that has listed on the title
I have a rural property in NSW that has listed on the title a "right of carriageway". I am trying to clarify what rights our neighbours have in the use of this access. My understanding was that they c… read more
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Leon
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Master's Degree
32,717 satisfied customers

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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