Neighbour Blocking Shared Driveway and Access to My House

jaylee88 on 05/08/2017 - 18:40
Last edited 06/08/2017 - 09:32 by 1 other user

Looking for advice here.

Long story short: I'm at the back of a two house block. To get to my garage I have to drive down a driveway on the side of my neighbour's house. Neighbour deliberately parks part of his car on shared driveway leading to my house. Housemate who just moved in can't get her car through without folding side mirror. Asked him politely to move but he behaved rude and threatening to my female housemate. Insist it is his property.

Long story: He has been renovating his house for more than a year now. At one point he had a scaffolding put up on the driveway on the side of the house and it reduced the width of the driveway by 1/3. I had to retract my side mirrors for 10 metres in order to get 1 car into my garage and it restricted turning radius such that only 1 car can get in and out of my house which normally i can fit 2 in garage and 2 outside. It was only supposed to be for 2 weeks so we agreed to it but it ended being 3 months. With my landlord we finally got council to send him a letter of demand to remove the scaffold. He ran out of money and the scaffold wasn't used for anything anyways. Now a year later, he is still renovating but to get back at us he parks his car purposely overlapping part of the driveway. My female housemate who just moved in a few months ago tried to ask him nicely to move but he started to behave really threatening and raising his voice.

I am located in Perth and probably come under the Stirling council. Any help is appreciated.

Home & Garden

Comments

  • oscargamer on 05/08/2017 - 18:51

    do you rent or own?

    • jaylee88 on 05/08/2017 - 18:57

      renting. Been here for 7 years.

      • oscargamer on 05/08/2017 - 19:14
        +13

        contact your landlord and explain you cannot access your property due to their behaviour

        make it your LL's problem

        make them resolve the issue with the other party

        is the front neighbour an owner or renter?

  • altomic on 05/08/2017 - 18:59
    +3

    just keep asking him to move his car.

    he sounds like a cockhead.

    just keep asking him.

    be really polite.

    he'll break.

  • t_c on 05/08/2017 - 19:04
    +4

    Get full insurance with lowest excess, you cant be expected to pull off space station precision docking manoeuvres every day.

    • JimmyF on 05/08/2017 - 20:03
      +12

      Nah, go buy a junker off gumtree for $500, get 3rd party on it and then go to town in that driveway!

      Smack the crap out of it on the way down, and then again on the way out.

      • [Deactivated] on 07/08/2017 - 00:17

        OP, your only way.

  • klonky on 05/08/2017 - 19:11
    +9

    Contact your council. If it is a shared driveway there would be a caveat in both the titles specifying a requirement to provide right of access at all times. Take photos and your council should be able to issue an infringement notice.

      • Freitag on 05/08/2017 - 19:36
        +4

        There could be a right of way easement on the driveway portion of the property. If there is an restriction on that portion of the property then council do have authority to enforce that restriction.

        • oscargamer on 05/08/2017 - 20:11
          -4

          no they don't

          council only have authority to enforce infringement notices on private property when there is an agreement established between council and the land owners to do so

          there is no 'blanket' situation where council can issue tickets without that individual agreement

  • tsunamisurfer on 05/08/2017 - 19:17
    +3

    After hours call 1300 135 551, thats the after hours number for City of Stirling Rangers.

    Give a fake name and a next door address, then tell them that this mofo is blocking a driveway.

    They will take their sweet time but they will come and either issue a warning or a fine.

  • kipps on 05/08/2017 - 19:20
    +2

    Is the shared driveway an easement on title? Go to your landlord and find out. I bet the landlord will be pissed if they find out the neighbour is ignoring the easement.

    • Kangal on 05/08/2017 - 20:00
      +4

      Even better would be to take a photo/video every time you drive out, and drive in and your way is blocked. Also with your housemate.
      And call your landlord/agent. Every day. Be polite, but explain that its not an acceptable situation.
      You need 'right of access', as a renter it is one of your rights next to working locks, windows, running hot and cold water, sewage system and safe electricity.

      I'm sure they will realise your neighbours actions are affecting their investment/business.
      So it will be their prerogative to sort the issue out. The more people helping, the better it is for you.
      Though you will need proper documented photo/evidence if you require the council to chime in/issue infringement notices.

  • holdenmg on 05/08/2017 - 19:44
    +7

    Bikies

    • Euphemistic on 05/08/2017 - 20:13
      +1

      Park your car at their clubhouse and get a lift on the back of a Harley to the house?

  • jaylee88 on 05/08/2017 - 22:10

    Thanks for your comments everyone. This dxxxhead drives me nuts. He actually stands there and watch while we are trying to get around his car. I was already getting a bull bar and new air horns for my car so this should be interesting. My landlord honestly has tried. We will be talking to council again and at the meantime I'm just collecting evidence.

    • PVA on 05/08/2017 - 22:27

      Landlord may have tried but keep onto them all the time.

    • tomsco on 05/08/2017 - 23:42
      +1

      Maybe block him in if you can 😂

  • Diji1 on 05/08/2017 - 22:23
    +1

    Photograph the offence each and every day that it happens and do the council thing again.

    Sounds like a (profanity).

  • Rifraf on 05/08/2017 - 23:49

    One assumes you've talked to your LL about this.
    What do they say?
    If they like you and your rent, they'll do something in fear of losing a good tenant.

  • DebBol on 06/08/2017 - 08:45

    Know what you are going through my suggestion every time your neighbour blocks you take a photo better still with him in the photo send to the managing agent as well as the council, I do live in NSW got so bad with our parking situation the council had to erect no parking signs and issue fines

  • chumlee on 06/08/2017 - 09:17

    Slash the tyres

    • Peck on 06/08/2017 - 10:44
      +7

      Anything that damages his car would be the start of something that would escalate and become unstoppable.

  • chumlee on 06/08/2017 - 10:55
    +2

    A classic movie quote:

    He pulls a knife, you pull a gun. He sends one of yours to the hospital, you send one of his to the morgue

    • holdenmg on 06/08/2017 - 11:27

      That is just good advice for living in Melbourne. lol

  • kiitos on 06/08/2017 - 11:36

    Park your car in front of his, blocking him in. Wait until he needs to use his car, and shrug.

  • caferider on 06/08/2017 - 12:31
    +3

    Get an intervention order out on him, and include your female tenant, betterbyet get her to lodge it and include you and say the Neighbours has threatened her and intimidated her blah blah,,,

    When the Intervention order is in place, and he dares interfere, report him. Becomes a police matter! 😜

    • [Deactivated] on 25/08/2017 - 11:24
      +1

      Excellent strategy. OP take note!

    • jaylee88 on 25/08/2017 - 12:04

      Sorry I only just saw this now. Thanks for the advice. I went to the local neighbour police station to get some advice and they suggested the same. I can lodge a misconduct or violence restraining order.

  • HeWhoKnows on 06/08/2017 - 13:11

    All depends if you have legal right of way/access. If so it becomes a court matter. Nothing else you can you.

  • Slippage on 06/08/2017 - 14:08
    +1

    If you have tried been reasonable, play at he's game.

    Just park at the end of the driveway, blocking him in.

  • coin saver on 07/08/2017 - 10:38

    Get a few strong mates and position his car in such a way that he cant move it .

  • [Deactivated] on 08/08/2017 - 20:47

    Tell him he should google "right of way" and that its a real thing…

    Look, this is Australia. We are animals who are unable to talk to eachother like human beings. Smash his car, demand right of way, call the police, call the courts, be passive aggressive on the internet, do EVERYTHING but talk to him like a human

    • tomsco on 09/08/2017 - 11:14
      +1

      do EVERYTHING but talk to him like a human

      Too late. OP has already done that.

  • jaylee88 on 19/08/2017 - 22:06

    Thanks for all the comments. Yes we definitely tried talking that did nothing. It escalated today, after I wiggled my way out to go to the shops he actually moved his car more into the shared driveway. He also started swearing at me and behave very threatening. Called ranger and police both did not attend.

    • [Deactivated] on 25/08/2017 - 11:27
      +1

      Terrible situation. This guy has mental health issues. You'll not win by reasoning with him.

      Use the advice regarding getting your female co-tenant to take out an order on him. The law is geared towards action if you take this angle.

  • iand on 21/08/2017 - 08:09
    +1

    buy shot box and leave it parked in the driveway in front of his car take a photo showing that you had no choice but to park there because he had parked so you couldn't get through

    • Euphemistic on 25/08/2017 - 12:41

      Shot box? ….. oh, cheap car.

Login or Join to leave a comment
Login Join