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QLD Property Law - Driveway Dispute with Neighbour

Discussion in 'Property Law Forum' started by Jane Fitzgerald, 8 November 2015.

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  1. Jane Fitzgerald

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    We just discovered that our driveway goes across our neighbour's property. Under Property Law , can they block it off or can we claim it as our own as we have been using it for a number of years?
     
  2. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Jane,

    The first thing you need to determine is whether you have an access easement granted in your favour by your neighbouring property... which will be noted on the title to your property.

    Do you have a title search for your property?

    If not you can search online here:

    Title searches and copies of documents | Queensland Government

    Let me know if you need assistance.

    Kind regards
     
  3. Jane Fitzgerald

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    There is an access easement, but it ends before our driveway starts, we do have a new driveway off the easement but the old driveway is on our neighbour's property. Can they fence their property where the easement finishes, thereby blocking our old entrance?
     
  4. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Jane, have you obtained a copy of the registered access easement agreement? This can also be obtained via a Titles Office search, using the dealing number of the easement. This would be your next step...
     
  5. Jane Fitzgerald

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    Thank you for your replies James, yes we do have a copy of the easement agreement, we can cross the easement to access our property, but the problem is that the old driveway is after the easement finishes, where the easement finishes it becomes our neighbour's private land, the new driveway is off the easement but the old one is not
     
  6. James D. Ford - Solicitor

    James D. Ford - Solicitor Well-Known Member

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    Hi Jane,

    It is hard for me to comment further without seeing the easement agreement, and the plan which shows the easement, and indicates the old and new driveways you have mentioned.

    From what you have described the new driveway is on your land, and the old driveway is on your neighbour's land.

    As your new driveway did not exist at the time the easement agreement was reached... I would tend to think that the easement would have been established to operate together with the old driveway... and creating a new driveway would not alter your legal rights with regards to the old driveway...

    However, I am speculating without seeing the facts.

    You can connect here: Get Connected with the Right Lawyer for You

    Kind regards
     

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