NSW Parking dispute with inconsiderate neighbour

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9 August 2020
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Hi Guys

Needing help with a parking dispute so I live in a townhouse complex that has 5 units the unit I live in has one parking space that is in front of my garage and the other parking space is in front of my back gate and fence leading into my backyard now I have two cars and park at both.

I am under strata management have been since moving in when the house was sold to me i was told by the real estate agent that both car parks I have mentioned were mine now I have a inconsiderate neighbour who is and has been parking at the parking space that’s in front of my back gate and fence he is aware that I have two cars and I have allowed him to park there and have been more than reasonable in sharing the parking space when I haven’t had my second car and even just allowing him to park there for long periods of time as well as trying to share the space when possible.

Now all of a sudden he has come to the conclusion that it’s his parking space now and parks there even knowing I need the park and even having his visitors park there without even telling me that he has people coming over or just giving me the heads up to say gonna have people using your parking space like I’m happy to share the parking space and like to think that I’m a reasonable neighbour but lately he has become aggressive when I have asked if he can move his car or for visitors to move their car as I need the space to park my second car he has made the argument the parking space in front my back gate and fence line leading to my backyard is a visitors park however there are no signs that clearly indicate that it’s a visitors parking and one would assume that since the parking space is in front of my back gate and fence line that leads to my backyard that it then falls on my property so it belongs to me given I’m responsible for the maintenance of that area.

Can someone please clarify the parking laws and strata laws relating to parking and let me know if it is my parking space or not? and whether he has claim to it being a visitors parking? Also What are my options to resolving this issue as I don’t want things to get ugly I have a pregnant wife and I fear he may become aggressive towards her when it comes to the parking space as he has been aggressive to me many a times before.

Now I want to do something about it before things head south and get messy I tried to be reasonable but feel like I have no other option i need this resolved please help!
 

SarahT

Active Member
2 July 2020
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Hi I’m not a lawyer but have some knowledge of strata titles and Owners Corporations.

Firstly, you cant take anything an estate agent says as gospel - you need to see the paperwork.

i don’t know what state you are in but look at your title documents - it may show your parking entitlement there or if the said spaces are Common Land and owned by Owners Corporation. Then look at meeting minutes to see if parking spots have been designated to certain townhouses.

in any event, the strata managers should have an eye on this and perhaps even have the answer you are looking for.

good luck!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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710
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Sydney
Are both spaces are on your lot?
Or, is it that you just have some sort of right to park
on what is otherwise common property?

You need to know which, because that will inform what you do next.
The only reliable source of information is your title documents.
Stop assuming, get your documents out, and have a look.

You don't drive both cars simultaneously, so the obvious thing to do
is to park one of them in the "disputed" spot on an ongoing basis.

Even if the disputed space is on your lot,
you'll need permission from the Owners Corporation to install a bollard or similar,
or even to put a simple chain across it.