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ACT Access to Granny Flats - Property Rights to Driveway?

Discussion in 'Property Law Forum' started by Jane_Day, 28 August 2015.

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  1. Jane_Day

    Jane_Day Member

    28 August 2015
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    Hi there!

    I'm currently in a dispute with my front-house tenants and I'm seeking help as to how to remedy the situation.

    We are currently living in a granny flat behind another property. The granny flat we live in is at the end of the drive way and we have recently had some confrontations about who has right of way/access to the drive way.

    The tenants in front of us insist that it is stipulated in their lease (although they haven't presented any evidence or shown us their lease) that they have right of access to the drive way. This means parking halfway up the drive-way and blocking off the main entrance into our property. As their tenants have now changed, all 3 tenants have cars - so before when we were able to park on the verge, we now have to park on the street. If we do park in the drive-way, their usual course of action is to park us in.

    I was hoping to clear up whether or not it is possible for them to do this under Property Law and whether or not we in fact have property rights to be using the drive-way. We deal directly with the landlord, not through a real estate agent, and when we were first inspecting the property, the landlord told us that we had right of way and that he wanted us to keep the gates (that are half-way in the driveway) closed.

    I am worried that this dispute is going to escalate and it has already caused hostility and confrontations.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi Jane_Day, it really depends on what is contained in each of your lease. Obviously only one tenant can have right of way in terms of parking in the driveway, so perhaps you will need to take it to the landlord to sort it out. You obviously have a right of access - you need to be able to pass over certain land to access your property however, with regard to parking and vehicle access, this is really a matter that should be clearly defined in each of your lease agreements.

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