Right of Carriageway - Removal

[neK]

Me and my neighbour share a driveway. On the contract it is listed as a Right of Carriageway.

Problem is that it is only 2.4m and neither of us are really keen on driving our cars down because we would have to reverse back. I've done it a few times and really not keen on doing it. My neighbour can't even get his car into the backyard because the previous owner extended it too far.

I'm wondering, if both of us agree, can we remove this right of carriageway and erect a fence between the two dwellings?

 

[Tano]

You will need to find the owner of the carriage way via a title search. Maybe the council owns it or the original owner who subdivided the land 50+ years ago.

 

[neK]

Sorry, Im a bit confused by this.

Wouldnt the owner just be me and my neighbour?
It eats into 1.2m x 30m of our land.

Its only purpose is to allow for cars to be driven into our respective backyards.

I'm guessing this site was subdivided 70+ years ago. We both have completely different numbers (eg he is 41 and I'm 43, not 41 and 41a).

 

[AlmostBob]

Sorry, Im a bit confused by this.

Wouldnt the owner just be me and my neighbour?
It eats into 1.2m x 30m of our land.

Its only purpose is to allow for cars to be driven into our respective backyards.

I'm guessing this site was subdivided 70+ years ago. We both have completely different numbers (eg he is 41 and I'm 43, not 41 and 41a).

Don't look for logic, its seldom there.

The only way to be certain you bought what you think you bought.
If the laneway is described on your lot as 1.2m easment in favour of the neighbour, and on his lot as 1.2m in favour of the neighbour, it is alot easier than if the lot ends at the house wall and the laneway is the property of the developer, or the council.
All over older parts of towns,
people get messed up when they find that the council owns what used to be the night-soil laneway,
that they built over 20 years ago.

 

[neK]

I think a diagram would be clearer.

On the contract, it actually states we own these part of the block, however we both have to leave it clear as a carriageway so that we can both drive into our backyards. Its not for anyone else to use.

 

[see_change]

Logical assumption is that the blocks weren't wide enough on their own to be subdivided so this was done to comply with council regulations .

Talk to council . They're the people who have control

Cliff