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Q: Property law in Victoria Australia and The Common law ( No Answer,   0 Comments )
Subject: Property law in Victoria Australia and The Common law
Category: Miscellaneous
Asked by: richard_owen-ga
List Price: $100.00
Posted: 24 Dec 2004 15:56 PST
Expires: 23 Jan 2005 15:56 PST
Question ID: 446982
What are the rights and obligations for a "right of carriageway"
covenant over a private property by an adjoining property in Victoria

Clearly the person holding the right (i.e. the current owner of the
adjoining property) has the right to travel over the covenanted
property for the purpose of accessing their own property, but can they
linger or loiter on the land subject to that right of carriageway or
if they do damage, such as damage to the road surface on the right of
carriageway are the obligated to reinstate it.

I understand that in the state of NSW in Australia, they have
legislated some covenants like this, as the 'common law' which in
Australia originates from the British common Law, can be un clear,
although I have been unable to find the exact legislation, just
references to it.  But that?s the wrong state anyway, I?m after
Victoria..  I am not sure if the state of Victoria has legislated
anything about this area.  I would think that covenants on land titles
in general are covered by legislation, but my interest is only in
right of carriageway covenants on title.  If there is no legislation
that overrules the Common Law, then I would have thought that the
Common Law  dictates the answer to this question, probably by way of
court rulings both in Australia and Britain
There is no answer at this time.

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