NSW Battle Axe Parking

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

AS11421

Member
8 March 2022
3
0
1
Hello, I live on a property which shares a double drive way with three other homes. It is not legally listed as a battle axe block however it is the best way to describe it to people. We live on the property at the rear of the drive way and have a double garage at the end of the shared drive way space. We were told by our conveyancer that we have right away and that our boundaries exist up the entire right hand side of the drive way and a small part in front of the left, ensuring that our neighbours can still drive in and out and aren't blocked. Lately our neighbours have been parking smack bang in front of our garage doors. Not only are they doing it but there guests are also. This is resulting in us having to ask them to move it when we need to come and go.
How can we do something about this? Thanks
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
Park your own cars there?
 

AS11421

Member
8 March 2022
3
0
1
We park them inside the garage so that they are protected from rain/damage. The issue is that we are constantly asking them to move there's so we can get into our garage.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
So, is the driveway is basically an easement for access?
If so, then they don't get to obstruct the easement - it's not part of their land (no more than it's part of yours)
 

AS11421

Member
8 March 2022
3
0
1
Well no not that I am aware of, our contract actually marks out a large section of the drive way as part of our boundary line. We were told that we have right of access because we are the house at the back and obviously need to be able to access our property including our garage at all times. Screenshot_20220308-210603_Samsung Internet.jpg
 
Last edited:

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,935
820
2,894
Sydney
I'm afraid that map tells me nothing.
Does your "driveway" open onto the street?