Roy owned an apartment in a unit-titled apartment complex.  His complex had a shared right of way/driveway with a complex next to it.  This was recorded in an “easement” on the titles to both properties.  The Bodies Corporate therefore granted each other the rights to use parts of each other’s land as a driveway.

The driveway was deteriorating badly and affecting access. The two Bodies Corporate got into a dispute over how the costs of repair and maintenance of the driveway were to be split.

When considering purchasing a property (including a unit-titled property) which includes or has the right to use part of a neighbouring property as a right of way, be aware of the potential obligations and costs associated with maintaining the area.

As in Roy’s case and indeed many cases, there will be an easement noted on the titles of all the affected properties, setting out the rights and obligations of each property owner with regard to this commonly used area. The costs of maintenance of these areas may be shared equally among the property owners (in this case between the Bodies Corporate) or divided in specific proportions to reflect the degree of usage, depending on the wording of the easement instrument.

Your lawyer will be able to assist you to clarify your obligations, by searching and explaining the instruments recorded on the title before you buy a property, and down the track if you require clarification.