QLD Can I Prevent Access to Private Driveway?

[Rob Legat - SBPL]

Okay, being in Queensland makes it easier for me to answer as that's where I practice. Check the paperwork you got from the lawyers when they did the conveyance for you. It should tell you whether there is an easement encumbering the property. Alternatively, check with them. Their usual searches will have shown it up.

It's hard to be sure from just a description, but Council will generally require an easement as part of any development/building approval if a lot does not have access to a roadway.

It also sounds like you've bought a lot with building covenants attached, which may or may not be enforceable by the original property developer. Be aware these won't generally touch the subject of easements, and are more aimed at issues like building materials, designs, height and colours.

 

[Marie13000]

Okay, being in Queensland makes it easier for me to answer as that's where I practice. Check the paperwork you got from the lawyers when they did the conveyance for you. It should tell you whether there is an easement encumbering the property. Alternatively, check with them. Their usual searches will have shown it up.

It's hard to be sure from just a description, but Council will generally require an easement as part of any development/building approval if a lot does not have access to a roadway.

It also sounds like you've bought a lot with building covenants attached, which may or may not be enforceable by the original property developer. Be aware these won't generally touch the subject of easements, and are more aimed at issues like building materials, designs, height and colours.

All I can see on the title is: "easement n°....... burdening the land to lot 14." Lot 14 is the "crazy b***h" land...

Can I still put my "no parking, no stopping" sign?

 

[Rob Legat - SBPL]

You would need to obtain a copy of the easement document itself to see what rights she has been granted. However, I'd say she has a good chance of being able to park and stop on the easement area.

 

[Rod]

I agree with Rob. The easement document for your land is what you need to read.

@Rob Legat - SBPL If there are no conditions saying she can park or stop on your driveway, is QLD different to other states? Vic would only allow right of access unless there is express permission.

 

[Marie13000]

You would need to obtain a copy of the easement document itself to see what rights she has been granted. However, I'd say she has a good chance of being able to park and stop on the easement area.

Found it!

So on the tittle registration it is only writing: Easement burdening the land to lot 14.
But on the contract at the "Annexure D: schedule of easements and convenants"

Lot 14 (her land): Easement for sewerage and drainage purposes as noted on attached disclosure plan for lot 14.

Benefits from access easement in adjoining proposed lot 15.

Lot 15 (my land): Access easement in favour of lot 14.

 

[Rod]

Read this:
Easements on your property

You can also come to a commercial arrangement if they want to use the easement for parking, loading, offloading etc. You might be able to make some money from the 'inconvenience'.

 

[Marie13000]

Read this:
Easements on your property

You can also come to a commercial arrangement if they want to use the easement for parking, loading, offloading etc. You might be able to make some money from the 'inconvenience'.

So you think that with just an "access easement" she is not allowed to park or stop on the driveway?

 

[Marie13000]

I think I saw on internet that she may be able to ask for a "special permission" for her builder to stop. But since she will have to get a court ordering as I will not give her the permission, that will at least delay the building of her house! And next time she may think twice before being a b***h!

 

[Rod]

Forcing a commercial arrangement on her would likely have a similar effect and you are better off.

Don't forget you may be neighbours for some time and she may decide to retaliate in kind. A little toot on the horn as she says goodbye, headlights on high beam shining in windows as she turns into the driveway, loud music, large noisy dog etc etc

 

[Marie13000]

Forcing a commercial arrangement on her would likely have a similar effect and you are better off.

Don't forget you may be neighbours for some time and she may decide to retaliate in kind. A little toot on the horn as she says goodbye, headlights on high beam shining in windows as she turns into the driveway, loud music, large noisy dog etc etc

I know exactly what you mean and that is why I always thought that it is totally stupide to want to start a war with your neighbor! We have been calm and diplomate for the last three months, she even started to annoy us while her land was only "under contract"!

She was sending angry emails to the real estate agent (but actually never wanted to speak directly with us, even if we did tell the real estate to give her our phone number!) But now we are tired of being nice and calm!

She can be noisy, we can call the police and she will end up with a fine at some point. She can found I m sure plenty of other ways to annoy us, as we can too.

It is not great but at some point we can't always be the "victims" and hope that she may calm down with time, as this technic hasn't worked unfortunately... We are not planning on staying in this house for long anyway, in fact we may leave as soon as we find something better as my husband is a builder and it is what we do: building and selling again and again...