IN GENERAL:      IF YOU HAVE A RIGHT OF WAY RUNNING THROUGH YOUR LAND THAT IS TO THE BENIFIT OF ANOTHER LAND OWNER YOU MUST NOT DO ANYTHING THAT IMPEDES THE USE OF THAT RIGHT OF WAY BY THE OTHER LAND OWNER. THIS MEANS YOU CANNOT PARK, RESTRICT, GATE OR STOP THE OTHER OWNER USING THE STRIP OF LAND TO PASS AND REPASS. Gates in a Rural Area would appear reasonable if keys are made available

Right of Way: means a right for a person authorised to do so to drive a vehicle over specified parts of another persons land at any time. See the dotted line running through Lot 15 on the adjoining plan.

Any land which is shown on a sealed plan as a road, street, alley, lane, court, terrace, footpath or other kind of way is taken to be dedicated to, and accepted by, the public unless called “private” on the plan (section 95(1) LGBMP Act 1993)

“private” in relation to a way, means not subject to use by the public as of right (section 3 LGBMP Act 1993)

Any "Right" is an Easement. See Easement, Transfer of for how easements and therefore Rights are created.

Maintenance of a Right of Carriageway:     The nature of easements are complex and are generally governed by the courts using both common law and case law precedents.

Depending how an easement is created, it is normal practice for the dominant tenement to maintain the easement site - as part of the bundle of rights granted - which are said to run with the land.

Generally speaking, there is no obligation on a servient tenement to maintain a right of way in use by others.

But

Seek legal advice!

SIMPLY:

This means that you cannot restrict the right of someone to pass over that portion of a title that is defined as 'Right of Way', nor can you build a structure over such area.

HOW WE ASSIST :

We can determine the location of such a Right of Way on the ground and on plan to allow the design and construction of structures that do not intrude on this right.