TAS Can a right of way be concreted without my consent

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sheree2023

Active Member
25 January 2023
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31
Can a legal aid solicitor help with this property law problem, or how can I get legal help if I am not working any more?

Can the beneficiary of a right of way make changes such as concreting the track, without agreement from the landowner?

Complication: I am being forced by BC to allow an unregistered ROW to continue over my lot in a strata development, because I agreed to ‘a right of way is being registered’ in my contract. However it wasn’t registered and everyone acknowledges they are trespassing but somehow that is ok because I agreed in the contract. They now are making plans to concrete it.
 

sheree2023

Active Member
25 January 2023
13
0
31
Note: my rejection of ROW because I was not fully informed of intentions for the ROW such as a parking hub built below, and that it has no permits and was meant to be in s different location in development plans
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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2,894
Sydney
Has it already happened?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,040
830
2,894
Sydney

sheree2023

Active Member
25 January 2023
13
0
31
No. Because council issued a Notice of Intent to the developer (because the road was built without permits) the developer is planning to submit retrospective application and get it surfaced/concreted. Apparently council only looks at permits, planning requirements and it doesn’t matter to them if part of the toad is on my private lot. This situation is do complicated.
 

sheree2023

Active Member
25 January 2023
13
0
31
The continue to refuse.
As I have told you previously, you'll need a lawyer to help you with all this.
Ues I will need a lawyer but I’m not working and legal aid said I’m eligible for help but they can’t help with this matter. I’m trying to be bety clrar on my situation begore goung to a lawyer.