Can a Shared Driveway Be Enforced on Me?

LSLS2226 on 10/08/2021 - 18:50

Hi all
I’ve been searching high and low for some information but can’t seem to find a similar issue anywhere!

Summary, we recently bought a house in NSW, the house is freestanding with a driveway connecting to the road. The neighbouring property is a dwell occupancy dwelling fronting two different roads, which they have not sub divided. The rear property has no direct to street access, they have had a hardstand approved from council leading directly off our driveway, about 4 metres up, essentially enforcing a shared driveway on us. Can they actually do this?

My biggest concern is resale, we bought in Sydney at the peak of the market and being mortgaged up to our ears with a baby I’m scared what this will mean in the future.

We’ve tried discussing it with them but all conversations have deteriorated.

Help!

Home & Garden

Comments

  • Sawtell on 10/08/2021 - 18:52
    +13

    Check the plans - if there is an easement there then that's your answer.

  • GoldenDragon888 on 10/08/2021 - 18:52
    +1

    Seek legal advice.

  • good grape on 10/08/2021 - 18:53
    +3

    Check the easement on your contract

  • MrHyde on 10/08/2021 - 18:53

    Can you upload a picture?

    Is the driveway coming off your property or the council's property?

  • SLS2226 on 10/08/2021 - 18:57

    No eavesment.

    The drive goes directly from our house to street, the turn off and park on the council land between their house and street.

    • FLICKIT on 10/08/2021 - 19:10
      +4

      There has to be a "right of way" over your property on the "title" for them to be able to do it, I very much doubt they would be planning this access if there wasn't already a right of way on your title…

      Check your title plans, and/or pay the few dollars to get the survey notes from your states Lands Dpt, most states you can do this online…

      Edit: NSW it's called the Land Registry Services:
      https://www.nswlrs.com.au/
      Go to the online portal, search your address, poke your way through there…
      (in Tassie the detailed survey notes are about $30, I assume NSW would be similar, cheap for the info they contain)

  • jonagrah on 10/08/2021 - 18:59
    +9

    Need MS Paint diagram.

  • SLS2226 on 10/08/2021 - 19:05

    I’ve got a picture but can’t seem to figure out how to attach. .

    There is nothing in the building report regarding anything shared.

    Wouldn’t any DA requirements be for an abode to have direct to street access rather then solely relying on your neighbours?

    • brendanm on 10/08/2021 - 20:32

      You can upload pictures in the "my account" section.

  • Ocker on 10/08/2021 - 19:08
    +1

    see where the property boundaries are
    https://app.landchecker.com.au/

    • SLS2226 on 10/08/2021 - 19:11

      They don’t cross on our boundary it’s solely the driveway, which I completely understand I don’t own the land it’s just an access point. I guess it’s a case of are we allowed to build a permanent parking solution off your neighbours forcing it to be a shared driveway.

      • Quantumcat on 10/08/2021 - 19:23

        Do you own the land the driveway is on?

        • jjjaar on 10/08/2021 - 19:28
          +1

          I am guessing no. They’re talking about the crossover (see my post below) which connects their property to the roadway. Which OP has no rights over, except being able to continue using it to access their property.

  • Quantumcat on 10/08/2021 - 19:22

    If you bought recently ask your conveyencer for advice - maybe they'll include it in their flat fee.

    • SLS2226 on 10/08/2021 - 19:36

      I dropped an email but no response yet.

  • jjjaar on 10/08/2021 - 19:25
    +2

    Do you mean the driveway that is wholly within your property, or the crossover which connects your property to the roadway that is wholly within public land?

    If the latter, there is not much you can do about the existing crossover as it is not your land and you do not have sole rights to it.

    You could investigate creating a new crossover to another point on your land, but given council aren’t allowing the other owners to do this, it may be more about reducing the number of access points to the roadway in order to maintain on-street parking or safety.

    • SLS2226 on 10/08/2021 - 19:35
      -1

      I’m in NSW but yes it’s essentially the crossover.

      But what about the $$$ I have to foot all bills for maintenance with no protection? It’s also that everyone else has to build parking in their land but this property gets to manspread on the council land.

      I will be changing the crossover if it comes to it.

      • FLICKIT on 10/08/2021 - 19:37
        -1

        You probably should have researched and been aware of all this before purchasing the property, buyer beware…

        • SLS2226 on 10/08/2021 - 19:40

          Yeh I’ve learnt that the hard way, but also it’s Sydney so it’s more you get what you can afford.

          • FLICKIT on 10/08/2021 - 19:43

            @SLS2226: It sucks but at the end of the day you cant stand in the way of progress, it is what it is, if they have the right to use the access the healthiest thing you can do is just roll with it, work in with it the best you can….

            Getting super pissed and trying obstruct it just isn't healthy mentally…

  • morse on 10/08/2021 - 19:40

    Yes, potentially, if it’s a community title https://rg-guidelines.nswlrs.com.au/land_dealings/dealings_i… you would need to come to an agreement on how the common property is maintained and insured with all parties on the title.ie they might have already owned part of your driveway before you bought, but can’t say for sure. What did your lawyers searches find?

  • pharkurnell on 10/08/2021 - 20:57

    Your description of the situation is as clear as mud

  • AndyC1 on 10/08/2021 - 22:39

    Go back to the contract you signed when you bought the property and read it and the posts above w.r.t. easements. If you do NOT have the doc then hire a conveyancer to get the info you need to be able to check if there is any easements.

    You will also need to lookup what an easement is to understand it.

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