NSW Battle axe Rights of Carriageway and Rights of Access

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PCol

Active Member
23 August 2020
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Hi, We own a house at the end of a battle axe block and own the driveway. The driveway is flanked by two properties owned by parents on one side and daughter on the other. They originally owned the block and subsequently subdivided. They have a Right of Carriage Way and a Right of Access. The driveway is only 3.5 metre wide but they insist on driving their cars, caravan and trailer and park their vehicles onto their land off the driveway. We are planning on erecting a fence on the driveway for privacy and security reasons. They originally objected to that, stating that it was inconvenient for them. In order to conveniently traffic between their two properties, they demanded us to erect five gates amounting to seventeen metres on a twentysix metre long driveway. Three of the gates are five metres wide to allow vehicles to turn off a 3.5 metre driveway, a very difficult task given the narrow width of the driveway
I understand that a driveway has to be six metres wide if a vehicle needs to turn into each lot, and since there are two lots, one on each side of the driveway, then these neighbours aren't allowed to park their vehicles off the driveway. P.S both properties also have their own separate driveways. Am I right in this assumption?