Hi all,
I have encountered a bit of a problem with a property I have. The block is quite large with an overall L (turned 90 degrees to the right) shape. I have an existing dwelling (on 600ish sqm) at the front with 3 metres clearance each side and about 1800sqm vacant at the rear.
The frontal clearances are to small to support access to development of the block in the way of units/townhouses. The block does have a common boundary/frontage with a laneway for around 12 metres.
The laneway is wide enough to support development but I don’t have a right of way to use it and the owners have refused point blank to allow use.
Are there any suggestions for ways of getting around this or alternatives to explore?
Yes there are some solutions.
1. If the house isn’t a brick house consider shifting the house to one side so as to provide a driveway for the proposed new house at the rear, large enough to satisfy council requirements.
2. Offer the owners of the lane some money in exchange for access !!!
3. If the existing house is movaeable i.e. if it isn’t a brick house) consider moving it towards the end of the block and build the new house on the front of the block.
Not only will that solve your access problem but a new house at the front of the block will also make the approach to the house at the rear more presentable.
BTW, have you actually checked with the Lands Title office whether the lane way is a private lane. Check your own title deed. Who knows, you may even have an existing right to use the lane.
(This actually was the case with a client of mine !!).Cheers,
Pisces133
Thanks for that PeterM. I talked to the local council who advised that the laneway was owned by a neighbour and I didn’t have a ROW.
Unfortunately the house is cottage style in brick and quite attractive inside and out so it would be a shame to demolish it.
My title deed shows the laneway but doesn’t give me any indication about a ROW.
I might try Land Titles Office to see if they can give me any good news.
Have you tried approaching the neighbours to see if they’d be willing to sell their house to you? Depending on your own situation cash wise, this could be a possibility (assuming they’re willing to sell).
Even if you do pay a little more market value (although by approaching them directly, they wouldn’t have to pay REA fees and could afford to negotiate a deal), the combination of blocks may add enough value to make it worthwhile.
Cheers,
Jon.Hi Naughty – I have considered it but the people seem to run a business and don’t seem keen to move.
The house next door to me sold recently and I ummed and aahhed and let it go. There is a property on the left that would probably be ideal – bulldoze and get access that way.
May need to pay them a visit.
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