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VIC How to Have Caravan Removed Off of Common Property?

Discussion in 'Property Law Forum' started by Nics, 14 September 2016.

  1. Nics

    Nics Member

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    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?
     
  2. Victoria S

    Victoria S Well-Known Member

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    @thelawbundle likes this.
  3. Rod

    Rod Well-Known Member

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

    Nics Member

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

    Rod Well-Known Member

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    OK.

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

    Iamthelaw Well-Known Member

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    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.
     

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