NSW Property Law - Dispute with Neighbour Over Shared Driveway?

Discussion in 'Property Law Forum' started by Geoff Gardiner, 24 December 2018.

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  1. Geoff Gardiner

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    I have a shared driveway which is a standard size which we keep clear. But when the neighbours go away for holidays they can't back their quite large trailer without driving through our landscaped garden. They believe they have the right to use the complete width of our property. What are my rights under property law?
     
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  2. Rod

    Rod Lawyer
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    Look at your lot boundaries on the title to work out who is right.
     
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  3. Tripe

    Tripe Well-Known Member

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    I am guessing the neighbor is the dominate title holder? And they have a legal easment over your driveway?


    If this is the case, they are entitled to travel through the driveway obstruction free, if the garden beds are in the way, they can remove them if they want ( or drive over them), however if their is a way that they can travel without damaging the garden beds, they should be choosing this route.

    You need to establish what is the foot print of the easment? Is it the whole width of the driveway?
     
  4. Geoff Gardiner

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    The boundary line is down the middle of driveway garden bed is my property all my services run through garden driveway is clear.
     
  5. Tripe

    Tripe Well-Known Member

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    Are there any easments?
     
  6. Tripe

    Tripe Well-Known Member

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    Property downturn must be hurting.
    Chasing work?
     
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