VIC How to Have Caravan Removed Off of Common Property?

[Nics]

Needing help re common property with no body corporate. What are my rights?

I reside and own the back unit. The front unit is tenanted.

The tenants have placed an unregistered caravan on common property with an overhang in the airspace over the driveway. I did receive a text message from the owner of unit 1 advising me that the tenants have been given 14 days to remove the caravan.

I'm now on day 14 and the caravan is still there and I now I see that the tenant is using it as a charity/business. I have taken photos, as there is now furniture on common property, too.

Both myself and the owner of unit 1 pay 50/50 on the insurance for common property, which is coming up for renewal shortly. I plan on advising the landlord that the tenant has yet to remove the caravan.

What I'm wondering about is, if the tenant still does not comply and the landlord doesn't issue them a breach, what can I do to force the removal of the caravan off common property, as my guests have had near hit misses reversing out of the shared driveway, cause the caravan is bordering on the driveway?

 

[Victoria S]

There must be some strata or body corporate regs that apply to your property? I thought all properties with common property had to have an owners corporation in VIC ?? SUBDIVISION ACT 1988 - SECT 27AIf there is common property an owners corporation must be created

If there is an owners corporation - there should be model rules as prescribed under Owners Corporations Regulations 2007 that must apply in some respect to use of common property.

 

[Rod]

How confident are you it is common property and not an easement? Might be worthwhile checking your title.

 

[Nics]

Did a title search, have the plans and even the council confirmed its common ground and that's why they could not get involved..

 

[Rod]

OK.

Victoria's comment casts doubt on the subdivision and this is beyond my knowledge to help you.

 

[Iamthelaw]

Without knowing more, even in 2 unit developments there would likely be common property and thus Owners Corporation Act would likely apply, albeit that you don't need an OC manager.

Write them a letter to remove it. If not, file to VCAT.