#58586
kaindub
Flatchatter

    First thing you need to do, if not done already, is to get the title document to your lot and study the wording of the right of carriageway. Youmay need to get the help of a lawyer. Rights of carriageway are not cookie cutters, but can be different shades. It depends on how it is written.

    You also will need the title document of the strata scheme, in order to satisfy yourself that they have the right to use the carriageway.

    The documents may specify the circumstances under which your land can be crossed. You may be able to prevent the building manager from crossing your land if these conditions are not met.

    Rights of carriageway are extremely difficult to extinguish or modify. They need the consent of both parties.

    once your land is burdened with a right of carriageway, you have little recourse except to permit the benefitted party from using it.

    Another tactic you may want to consider: The change in use of the room from generator to meeting room/office would probably require a DA. Demand that the OC submits a DA and then object it to the council that the room does not have suitable access , since it passes your car.

    Additionally raise the issue that as the room will be used as office/meeting room, egress in the case of fire would be limited because your lawfully parked car will impede free access.