QLD Can I Prevent Access to Private Driveway?

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Marie13000

Well-Known Member
30 November 2017
15
0
71
Just for interest, a property title only gives you rights/ownership to land of defined dimensions and what sits on that land.
It gives you zero rights to a view unless you have a view easement over neighboring land.

ie: if you don't have a view easement over neighboring land and your neighbour builds a 5 story house that blocks your view, then their is not much you can do about it, as you don't own the view.

From what I can understand, lot 14 (NFH) has an access (dominant) easement over your driveway lot 15,

If this is true, then there is nothing you can do stop the NFH (Neighbor from Hell) from using your driveway.

These type of easements has to be created by a registered land surveyor ( they are not made up on the back of a used McDonald's bag in the front seat of a real estates agents car). Then the newly created easement + fee's needs to be submitted to the states land titles office for review and addition to the land tiles register.

An easement has a unique number and should be listed on your property certificate title as an encumbrance.

Without knowing the wording on your title, your neighbour normally has the right to "pass" or "travel" over your land to access her property, this does not Give the NFH any right to park on the easement.

But!!! there has been case law that does allow dominant title holders the right to park in the easement, such as loading and unloading goods at the back door of a business, or there is no other reasonable place for the neighbor to park.

You should try and find the easement title and the position of the easement, if they travel outside the easement limits, then they are trespassing.

Also, as you own the driveway, you can approach them to contribute to maintenance of the driveway.

I hope this helps

I know that I can't block my neighbor from building a 5 story house, What I was meaning is that I will be pretty unlucky if they did... 5 story house are not that common and on this particular block you can't build units or even just a duplex... They do have a restricted building envelop like we had on our land, and that stop them from building totally in a front of us anyway, but yes in theory they can build a 20 story house if they want.
Now it is not a rich area, not poor ever but not rich enough to get people that can afford to build a mansion in my opinion... We are 20min away from the beach and we don't have an ocean view, while their is plenty of empty blocks for sale right on a front or near the beach with ocean view...

I'm waiting to get the "official easement document" from my lawyer, hopefully I should get it soon...