NSW I own a property in NSW with a Right of Carriageway benefitting my neighbour.

[Lukey]

I own a property in NSW with a Right of Carriageway benefitting my neighbour. This Right of Carriageway has not been used for 20 odd years. The neighbour is about to start construction of a road which I have no objection to watsoever. However, I am keen to have the Right of Carriageway moved sligthly to another section of the property before construction takes place. Is this a diffiucult process if the neighbour is in agreement? What is involved and what expense should I expect? I suspect I should bear the legal cost if I benefits from the move.

 

[Tripe]

In general

A right of carriage, is slightly similar to a block of land, in that, it has a defined footprint with a legal title.

The current Right of carriage has to be revoked and a new Right of carriage created:

To revoke a right of carriage, requires the servient and dominant title holders, (you and your neighbour) to sign a legal document revoking the right of carriage. You can’t revoke it, with just your signature.


As for claiming abandonment of the right of carriage, you would need to prove 30–50+ years of non use of the carriageway or the neighbour has done some form of modification that makes rhe right of carriage redundant.

You need to appreciate a Right or carriage is a legal right and can’t be “wished away”

If you get on with neighbor, have a chat about it, if you don’t get on, offer him a few $$$ and offer to pay all fees!!! Which would cover lawyers, surveyors and council etc.