Buying a right-of-way section can provide privacy

Press, 7 October 1987, Page 57

Buying a right-of-way section can provide privacy

By

the Real Estate Institute

A section at the end of a right-of-way sometime has advantages such as quiet and privacy you do not always get out front. Prices for these sections and rates on them are usually lower than those fronting the road, but the cost of paving and maintaining the access must be taken into account. Sharing the one driveway, or perhaps the use of adjoining strips, could also present a few difficulties. . Those considering the purchase of a right-of-way section should inquire fully into the nature of the access and of the conditions attached to it so as to avoid confusion later. A correspondent, giving a nom de plume of R.O.W. probably had something of this in mind when asking us a few questions. He contemplates purchasing a back section with a right-of-way 3m wide alongside another 3m strip to an adjoining section. He asks: “Would it be possible to erect a fence down the middle to enable each section owner to

use his own 3m strip? If this is possible what steps will be required to enable a fence to be erected? "Secondly, if the fence is not erected would both sections have to provide driveways on each other’s side of the right-of-way or a common one? The reason for this is that, if I wished to place a gate to prevent access, where would it be erected?”

A direct answer could not be given to these questions without a study of the title deeds to see if legal problems are involved, and R.O.W. would be advised to seek the advice of a solicitor.

The conditions may be such that R.O.W. could do what he proposes, but it is more likely that each would have the use of both 3m strips, and that would preclude the erection of a fence

or, gate. A lot depends on the easements recorded on the respective titles. In the case of two strips, some owners have found they can agree on sharing the cost of a driveway down one of the 3m strips in a similar way to those who are forced to share a onewidth access. Disagreements sometimes occur, but the problems are not insurmountable. One writer said that he had wanted to erect a boundary fence but the neighbour insisted on a survey first. He asked: “Should the survey prove my neighbour is in possession Qf some of my land, who will have to pay the cost of the survey and other expenses involved?" Unless there is agreement otherwise, the instigator will be required to pay the costs of survey, and there is no obligation on the neighbour’s part to pay a portion of it if the survey shows he is using some of your land. The cost of fencing would be shared after agreement on the type of fence. . , • t