An easement certificate should explain your rights


UNFORTUNATELY, the answers are not as simple as the questions themselves.
To be certain of your rights it is best to get your solicitor to check the Certificate of Title to your property, as each title can be different.
The right of way easement certificate on the title should explain your rights and obligations regarding right of way, and how the costs of repairs are to be split.
If you are looking at buying a property at the start of a long shared driveway, you’ll want to make sure each party’s contribution is based on the proportion of use, as it would be unfair on you to be splitting the costs equally with the party down the end of the driveway.
You will have the right (unless the easement certificate said different) to a reasonable contribution from your neighbours to maintain and repair the driveway to an appropriate standard.
This would include the costs of filling potholes and unblocking drains, but would not be the case if one neighbour wanted to seal a currently gravelled driveway. Your property may be a cross-lease title, where the driveway is known as a ‘‘common area’’.
The memorandum of lease on the title governs the use of this area.
If your property is part of a body corporate, the body corporate’s rules should explain how the driveway can be used, and how repairs/maintenance are to be paid for.
You will have the right (again unless the title says otherwise) to pass over the driveway at all times. So your access cannot be blocked by a neighbour’s vehicle and they will need to find somewhere else to park.
If you ever have an issue with your shared driveway that can’t be resolved over a cup of tea with your neighbour, make sure you contact a solicitor to be 100% sure of your rights and obligations.latest Nike SneakersNike Air Force 1 High