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Rights of Way

If a neighbour has a right of way across land it means that person can pass over that piece of land freely. This right of way does not continue when the land is transferred to a new owner unless it is registered on the certificate of title of the land. Normally, the right cannot be ended unless all the parties involved agree.

Sometimes a neighbour uses land for a long period (for example, a shortcut) but there is no legal agreement. If there is no legal agreement, the owner of the land can stop the neighbour using the land at any time.

Rights of Way  :  Last Revised: Fri Apr 30th 2010
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.