Battleaxe House Suggestion

CheapSticks on 31/12/2018 - 09:27

Hello everyone,

I need your suggestion in regards to our house in Sydney. We are the battle axe property A and access through the 3m wide driveway (black lines) from road Y. The 3m wide driveway (black and blue) is part of our land title. The house behind us property B access their home/garage through the main road X, however they also have right of carriageway through the 3m driveway. But they cannot drive through that driveway into house because there is huge dip of about 1.5m+ (shown as stairs) to their house regardless they have stairs/small gate and can still walk through that blue driveway which they hardly do as there is no point for them to come through this way as all the amenities (transport/shopping centre/park) are from the main road X. House C faces main road X and has right of carriageway and their house is driveable through 3m wide private road.

We already knew this when we bought the property. But what I want to know is that do you think its reasonable for us to ask the council to remove or extinguish the right of carriageway for property B, 1. because they cannot access it using a vehicle; 2. they already have a driveway to access their property from Road X; 3. there is no practical use for them to use it as amenities are all from main road X.

I cannot figure out why they were given the right of carriageway in the first place when they already have access to the main road X and the property can even not be accessed given the dip. I would also note that their house is on very high side of road. So before going to lawyers/ contacting the council, I want your opinion on this. Has anyone encountered or been through this situation and how you suggest we approach this. Your valuable suggestions will
be highly appreciated. Thanks!

Link: https://postimg.cc/ts7Pfcc9

Home & Garden

Comments

  • [Deactivated] on 31/12/2018 - 09:40
    +2

    tl;dr but went looking straight for MSPaint link.

    I wasn't disappointed.

    Cheers OP.

  • colinjames on 31/12/2018 - 10:12
    +3

    What has council got to do with the neighbour's covenant on the title of your land. If you purchase the right of carriageway from the neighbour then you can remove it from the title, else as you said you knowingly purchased the land with this condition on it.

  • mskeggs on 31/12/2018 - 10:48
    +4

    They own the access. You could offer to buy it off them.
    Perhaps say something like “you guys are great neighbors but I always worry somebody not great might be next. When you are thinking of selling up, let me know if you would consider amending the right of way.”

    • ihbh on 31/12/2018 - 16:29

      You'll never know unless you ask.

      However, because they are giving up something, they might think it will reduce the value of their property, so be prepared to deal with any objections you might face.

  • wordplay on 31/12/2018 - 23:40
    +1

    I'd let the wife have access anyway, not sure why you would have separate residences anyway.

  • buckster on 01/01/2019 - 10:47

    Watch out guys, I think the link attached has malware inserted.

    • buckster on 01/01/2019 - 12:30

      Edit: Not malware, just irritating cookies that create popup notifications

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