3rd floor house addition

I have never found the answer to this, so I ended up buying a portion of the land, did a subdivision plan and got an official title to the right of way land. I'd love to know how right of ways are determined, granted and maintained for land locked properties.

 

I can't remember the actual wording, but once a Right of Way has it's own title (TCT) there is a notation that says it can only be revoked in case of national interest.

 

Pedro...good you are asking questions; you'll probably get a bunch of opinions. Since I was the OP on the 3rd floor addition to our house I can put some info out.
When we designed our house as a 2 story with roof, we went code for the area for both wind and seismic requirements. Spread footers and grade beams that exceeded the requirements.

With the knowledge we are putting additional forces on our house going up another story we went to structural engineers with the blueprints from the original design and the calculations for the foundation and had the designs done for the 3rd floor deck; fortunately the foundations were designed well and we were able to push forward with permits and construction.

It was a fun build and the end result could not of ended up better.

Take care and enjoy the journey!

Shawn

 

A right of way can be either:
a. negotiated between landowners (when the dominant lot has other options to reach the nearest public road) or
b. be the result of the law (if the dominant lot is surrounded on all sides with no access to/from a public road then the owner of such a lot can demand to be allowed such access).
In both cases the most logical way forward is for the owner of the dominant lot to actually buy the relevant part of the serving lot and thus acquire full ownership (with a title).
But even without doing this it is imperative (absolutely necessary) to have the right of way noted as an encumbrance on the title of the serving lot. Such encumbrance can not be removed without the consent of the owner of the dominant lot, which means that no matter whether the serving or the dominant lot gets sold/inherited, the right of way will survive.