TAS Caveat on Property - Should I Give Right of Way?

[Joe Ambrogio]

I brought a property in 2004. In the contract of sale there was a prevision for a right of way for a nieghbouring property as he owned both. He was to complete all paperwork and submit it at his own cost.

Since this was never acted on it was never sent to Land titles. Nothing has been completed. He has since sold the property but after he had done sold it, he started requesting the right of way and has placed a caveat on our property until we agree (in 2011).

Today his lawyer advised that we will be taking the matter to court. The new owner is subdividing the property.

Do I have to give the right of way to him even though he doesn't own the block and there was nothing in the original contract saying that agreement would go to the new owner?

 

[Rod]

Do I have to give the right of way to him

Describe the layout a bit more. Snippet from Google maps would be good. Does the neighbour have access to his block? Has he been using your land for access to his land despite not having a formal right of way?

 

[Joe Ambrogio]

No, he has not been using it as a right of way as I said he doesn't even own the block anymore, so he has no interest in the right of way.

The proposed right of way is in red with access to the property from the main road (Collins Cap Rd)

 

[Rod]

So I am clear - the old owner split his property, sold you some in 2004, supposedly with a right of way. He didn't apply for it. He then sold off the remainder of his old property, and after that sale, put a caveat on your property in 2011.

From the diagram it appears there is direct road access to his old property.

As he no longer has an interest in the land it can be argued the caveat should be lifted. Suggest you see a local lawyer to help straighten it out. If the caveat is no longer appropriate and he doesn't lift it you can apply to have it removed and he pays your costs in doing so.