Hi,
We have a right of way and the right of way is equally divided among 3 properties with each property having an easement over the other two properties 1/3 of the driveway.
One of the neighbours wishes to further subdivide his property into 3 more properties and use the existing right of way. I assume the properties will be on unit title. Can this be done legally if the other parties to the right of way object to increasing traffic through the right of way.
My view would be the right of way is shared between 3 parties and even though one party might wish to subdivide but claim his 1/3 share is still 1/3 share (but now common to 3 parties that have unit title to his property) the drive way is not in 1/3 shares between 3 parties as 5 parties are now using it?
We have a right of way and the right of way is equally divided among 3 properties with each property having an easement over the other two properties 1/3 of the driveway.
One of the neighbours wishes to further subdivide his property into 3 more properties and use the existing right of way. I assume the properties will be on unit title. Can this be done legally if the other parties to the right of way object to increasing traffic through the right of way.
My view would be the right of way is shared between 3 parties and even though one party might wish to subdivide but claim his 1/3 share is still 1/3 share (but now common to 3 parties that have unit title to his property) the drive way is not in 1/3 shares between 3 parties as 5 parties are now using it?
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