TAS Transfer of an easement of right of way

[FarmerJoe]

Bill is the sole owner of Lot A and becomes a joint owner of the neighboring Lot B with Ben. Bill and Ben decide to subdivide Lot B into Bill’s lot B1 and Ben’s B2. Bill still requires access through the subdivided lots B1 and B2 to his Lot A so due to terrain constraints there is an agreed benefiting Right of Way surveyed on the boundary of Ben’s Lot B2 to the boundary of the adjoining Lot A. Bill now owns Lot B1 and Lot A with an interest of a Right of Way enabling access to Lot A, however there is no notation of the benefiting effect of the Right of Way placed on the title to Lot A. Lot A wasn't part of the subdivided property and was not mentioned. Bill was specifically mentioned by name in the memorandum of transfer being transferred a Right of Way over the Roadway.

Many years later Bill sells both his lots A and B1 Together With the Right of Way as set out in the certificate of title for B1.

More time passes and lot A is sold separately without further reference to the Right of Way because it was assumed over time that the easement had become a public road.

Has Lot A obtain a benefit to the easement when both lot A and Lot B1 were sold Together With the Right of Way?

Under Tasmanian Law.

 

[Tripe]

Sounds like, this maybe an easment in Gross, i.e. in someone’s name and not attached to a property.

If this is correct, property A does not benefit from the right of carriage.

 

[Tim W]

...because it was assumed over time that the easement had become a public road.

---> Assumed by whom?
--> What exactly is the the problem now, and who is having "the problem"?

Sounds like, this maybe an easement in Gross, i.e. in someone’s name and not attached to a property.

That's not quite how Easements in Gross work.

If this is correct...

I suggest that in this case, it's not.
But it'll make more sense once OP asks us the question that they really want answered.