Market insight | 1 Oct 26

Buying a property with a right of way: what you need to know

It’s a question we’re asked regularly, particularly when a property is accessed via a shared driveway: “If I don’t own the driveway, what stops the owner from blocking it?”

It’s a reasonable question and one worth understanding before you buy.

Rights of way are common throughout Tasman. Many properties rely on shared access every day, particularly across lifestyle and rural areas where multiple properties may share a single driveway.

What is a right of way?

A registered right of way is a legal right attached to your property title. If your property benefits from that right, the owner of the land underneath the driveway generally can’t simply decide to fence it off or remove your access.

That’s the purpose of a registered easement: it records the rights that one property has over another.

So, when you’re considering a property with shared access, the important question isn’t necessarily “Who owns the driveway?”

It’s “What rights and responsibilities are recorded on the title?”

Who pays for maintenance?

This is another common point of confusion.

Where a driveway is shared by several properties, the costs of maintaining it will generally be shared between those who use it, often equally. The fact that one owner may own the land underneath the driveway doesn’t automatically mean they are responsible for all maintenance costs.

There can also be different considerations where one party causes damage, for example, through the use of heavy building vehicles or machinery.

And what about improvements?

Things such as sealing or upgrading a shared driveway can certainly be possible, but it’s sensible to understand what the easement provides for and agree on significant works with the other parties beforehand.

The takeaway

A right of way isn’t necessarily a red flag. In Tasman, it’s simply a common feature of property ownership that comes with a set of rights and responsibilities.

The important thing is to understand what those rights and responsibilities are before you purchase.

Your property title and the relevant easement documents will set out the legal position, and your agent or solicitor can help you understand what that means in practice.

Because when it comes to property, knowing what you’re buying, including the access arrangements, is part of buying with confidence.

Dylan Monopoli