Right of way!

[SeafordSunshine]

Simply .



Firstly, witnessing fencing being erected, where I am 99%sure there is (should be )a right of way

How do I start exercising my rights about this?


Secondly, Do neighbours need to be notified to strata block of flats?

Council (City of Sydney)

any suggestions appreciated

Cheers
Seaford Sunshine

 

[vaughan]

First you need to be 100% sure of your right, and have something in writing. Maybe a survey, or a note on your property title, something official.

 

[wylie]

Is the fence going up on what you believe to be public land, a walkway or something?

 

[SeafordSunshine]

Right of way.

How can I be 'sure' it's a right of way?
'The fence' is on neighbours private land that was previously accessilby by myself and another neighbour for the last hundred years ( not me personally.) or so to 2 houses which were demolished to make way for a block of flats.

The flats are now being sold off individually.
I know the owner is/ was one individual. I did not think they were strata.
( No notices etc)
It is or was a walkway/ drive way for access to the 2 houses.

It was for the last 45 years or so a drive way, then a walkway as they installed a barrier...
I have something on an old document.
How do you think I should approach this?

thanks for your responses.

 

[CHAOS]

You could purchase a copy of the title for that property. A ROW is usually marked and will have notes stating if it is an access way to other properties. You can also check your title. You may also go to the council and ask to see a copy of the neighbours plans. These also may show if they have claimed the row.
There are cases where a row can be claimed if it has not been used for a period of time. When the neighbour restricted access to only a walkway they claimed that land. If you feel they are in the wrong it think it is a civil matter.

We almost purchased a property with this issue. There was a row on the property behind which was a right of carriageway to their direct neighbour and us. They were building units and in the negotiatong period erected fencing blocking that row. We saw council to look at plans and a common property overlay had been inserted over the row pertaining to the two units. Councils opinion was that we still should have row access if it is still on the title. There was a chance that they could fence off the row that they were not making driveway and to contest it if done would be costly so we didn't proceed with the purchase. The dual access is what made the proprty desirable to develop.

 

[SeafordSunshine]

Thank you all!

Dear Chaos,

I think you may have answered my question!
There is nothing on my title about this.
Not to say there is some thing on their title.


Next time I can go to council I will ask about this.
Cheers and thank you !

 

[jrc]

If there is nothing on your title then your land does not have the benefit of this right of way, so it is unlikely you have any say in what happens with the right f wy