QLD Shared Driveway Costs for Car Incident?

[Leanne Stavrou]

Hi,

I own a property that has a shared driveway with 2 houses behind me. There is also an automatic gate to access this driveway. When the builder installed the gate, he did not install sensors. Last weekend, one owner was driving through the gate and not realising this, I also clicked my remote to open the gate, but it actually closed on his car. As it sits on my land, I assume I have to put this through my insurance.

My questions are:

1. Can I ask the other 2 homeowners to contribute to the insurance premiums?
2. Am I solely responsible for the excess - can I ask all 3 to contribute to the insurance excess if there are any accidents relating to this gate or driveway?
3. Does anyone know of an agreement that outlines the costs and responsibilities of accessing the driveway and gate?
4. Should there have been an expectation that when the builder subdivided the property and put in the gate for the shared driveway, that sensors should have been installed for safety reasons?

Thanks

 

[Adam1user]

Hi, I own a property that has a shared driveway with 2 houses behind me. There is also an automatic gate to access this driveway. When the builder installed the gate, he did not install sensors.
Last weekend, one owner was driving through the gate and not realising this, I also clicked my remote to open the gate, but it actually closed on his car. As it sits on my land, I assume I have to put this through my insurance.

My questions are:
1. Can I ask the other 2 homeowners to contribute to the insurance premiums? and
2. Am I solely responsible for the excess - can I ask all 3 to contribute to the insurance excess if there are any accidents relating to this gate or driveway?
3. Does anyone know of an agreement that outlines the costs and responsibilities of accessing the driveway and gate?
4. Should there have been an expectation that when the builder subdivided the property and put in the gate for the shared driveway, that sensors should have been installed for safety reasons?

thanks
Leanne

I don't have much knowledge about this but my opinion to where you can get information on cases like these is the your local council, they will have the info on cases like these.
I hope this helps.

 

[Tripe]

Are you the servient title holder ?

 

[Rod]

Which State are you in?

 

[Rob Legat - SBPL]

From what you’ve said, I’m inferring that you are the servient tenement holder, because you’ve said the gate is on your land.

Unless there is something specific in the grant of easement registered on your title, I would think that you are solely responsible for the situation. In answer to your questions:

1. The terms of the easement should deal with this issue. If not, then as it is your land, the risk resides with you.
2. Same as 1.
3. This would be an/the easement.
4. No way to tell. You’d need to consider what the standard practice was at the time the gate was installed, and whether there was any necessity for it.

Reading between the lines, it seems that you might have used the gate controller without being aware of the state of the gate or what may have been in the way of it. If so, this may fall under the ambit of negligence on your part for failing to apply due care and attention.