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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44182
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Leon, My property is burdened by a right of carriageway. Can

Customer Question

Hi Leon,
My property is burdened by a right of carriageway. Can I move the easement to an alternative location on my property?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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?

Customer: replied 1 year ago.
the ROC is there to allow him access to his property, and even if I still allow him access, but in a different location, I still need a court order?
He also has his own driveway right next to the ROC so in fact he doesn't need it to access his property.
Expert:  Leon replied 1 year ago.

Good Morning

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

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



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