Common roads in WA
I live on a property that has been subdivided into 3 lots. I live in the front house & there are 2 individual units behind me. There is no formal strata scheme for these dwellings & land. I have previously requested a strata scheme be set up however I have had no response. My understanding is that I own my section of the common road as things currently stand. Am I legally obliged to allow the people in the units behind me to have their letterboxes on my section of 'common road'?
Hi there. If the property has been subdivided and the two units behind you need to use a common road or driveway to access their property, then a ‘right of way’ or easement probably exists over your property. An easement is a right attached to the other two lots that will allow them to use your land to access their property from the main road. The easement was most likely created when the property was subdivided and the easement details will usually be listed on each of the Certificates of Title for the three lots. You can obtain a copy of the Certificate of Title for your property from Landgate (www.landgate.wa.gov.au). Fees may apply.
There are different types of easements. If the two lots behind you have an easement that gives them a right of access across your property to the main road, then it is possible that the easement will also allow them to erect letterboxes on the part of your land that is covered by the easement. From a practical perspective, there may not be any other place to put the letterboxes. If the easement extends to include the erection of letterboxes, then the owners of the other two lots have the legal right to do so.
If an easement has not been registered on your Certificate of Title, this does not mean that an easement does not exist. It simply means that the easement has not been registered with Landgate. To avoid problems with the neighbouring properties in the future, you may want to consider registering the easement.
Suggested way forward
The above information is based on a lot of assumptions about how the property was subdivided and how the other two lots access the main road. Easements can have a significant impact on the value of property so it is worth speaking to a lawyer who can fully assess your situation and advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.
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