Right of Way

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  • 29/10/2013 at 2:35 pm #9120 Reply | Quote
    lesmac

      Hi

      We have a right of way easement behind our building which allows pedestrians and cyclists access to streets either side of our block. In our certificate of title it states: “RIGHT OF FOOTWA’Y APPURTENANT TO THE PART OF THE LAND SHOWN SO BENEFITTED IN THE TITLE DIAGRAM AFFECTING THE LAND SHOWN SO BURDENED IN ….”

      We have a problem with distortion of the footpath mostly due to large tree roots. We have had an arborist to inspect and have been informed that we cannot remove/replace the offending trees as council will not allow it. Our concerns are:

      1. Are we responsible for upkeep of this walkway/cyclepath to avoid litigation should someone get injured?

      2. If we are responsible then shouldn’t the council allow us to manage the trees so we do not have to pay out for constant repairs to the path?  The last quote we received for correcting the 30 metres of damaged pavement was for around $3,500

      3. Should we get a legal opinion regarding our liability?

       

      Many thanks for any input.

      regards

      Leslie

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    Reply To: Reply #19964 in Right of Way
    PLEASE ... If your property is not in NSW, mention its location (state). Don't identify companies or individuals by name. Don't mention or promote your company or services. Keep acronyms and initials to a minimum. Please, don’t use “quote” unless there is a specific point to which you wish to refer, then highlight (define) that specific passage before you click on "quote". Otherwise just use reply. THANKS.

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