QLD Property Law - Driveway Dispute with Neighbour

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

 

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...

 

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