QLD Can I Prevent Access to Private Driveway?

[Marie13000]

Hello,

We are finishing the building of our house and we own the different driveways around it. We are definitely the only owner of those as they are part of our land on our contract and they are included on our total square metre.

Problem is, the lady who bought the land just beside us is a "true b***h", sorry for the term. She needs to drive on our driveway if she wants to access to our block but I was wondering if I'm in my right under property law to block her from parking and stopping on the driveway as it is part of our land? Her builder will have so much trouble to build her house if they can't park or stop on our driveway, and that is what she deserves!

I want to specify that we don't need access to this driveway as we got another one to access to our house and if she was "normal" we would have let her, her builders and guests park and stop at anytime on this driveway as we don't need access. But she has been such a b***h since we started building that now she deserves the war!

Thank you for your help!

 

[Clancy]

First of all, make sure there is no right of access? If not, then that woman is a fool to make trouble with you instead of being humble and thankful. Such people do indeed deserve to be punished just for the sheer stupidity of it.

Put up no trespassing signs. If they continue to trespass, then you are within your rights to call the police.

 

[Marie13000]

Thank you for your answer. I had a look at my contract and it is not writing anywhere that we have to let her access our driveway. But it is a new development and it's the developer who build this driveway, so maybe it is part of the easement access at the council? It will be amazing if we could block her the total access to this driveway and so the total access to her land but I think that may be a dream...

If I can just block her builder and traders by not letting them even just stop on the driveway, that will cause her a bit of trouble I think. My husband is a builder, and when a builder has trouble to access to a site then the price can rise significantly as the builder may need to rent special machines for example...

I always thought that it is totally stupid to want to start a fight with your neighbor as you are going to see them everyday, and it's amazing to a have good relationship with your neighbor as sometimes it can even become a great help! But she doesn't seem to care as she kept annoying us for months and we kept being calm and diplomat, but now it is enough!

I don't think she even knows that we are the owners of her driveway otherwise surely she would have not caused so much trouble? Another thing that she doesn't know is that I'm a pregnant stay at home mum for the moment so I'm gonna have all day to think about way to annoy her for a while!

 

[Clancy]

Stay home and think of ways to annoy her? hahahaha, that's funny! Your husband will like that because your mind wont be thinking about his bad habits all day and let loose when he walks in the door in the evening - priceless!

Mebe check with council if there is any kind of right of access?

What about fencing?

 

[Rob Legat - SBPL]

This will possibly depend on where you are, because all states have different property laws. However, generally speaking, forget what it says in your contract about it. Check the title to your property to see if there are any encumbrances registered against your lot in favour of someone else. The normal term for this is 'easement', but it could be under a different name. If there is, you then need to check the terms of the granting document and the plan which goes with the easement. These two things will tell you what they can do and in what parts.

 

[Marie13000]

We will definitely have a fence, but unfortunately it can't be 10 metres high

My husband is the winner of the story, I can see a little smile on his face when our son gets in trouble thinking "I'm not the one for once!"

Maybe I will go outside every time my future new born is crying, I don't think she can call the police no? What the police could say? "For the peace of you neighbor you need to make your baby shut up?"

 

[Clancy]

I don't know how the system works if your neighbor objects to a fence going up? But perhaps you should start the ball rolling on the fence in case there are complications causing delays for years?

The sensible suggestion will be not to antagonize your neighbor unnecessarily, but from personal experience, it can actually be kinda fun... When they realize they are just adding fuel to my 'game' they suddenly become quiet because they realize their is no point opening their mouths (heaven)... Just don't break the law!

 

[Marie13000]

This will possibly depend on where you are, because all states have different property laws. However, generally speaking, forget what it says in your contract about it. Check the title to your property to see if there are any encumbrances registered against your lot in favour of someone else. The normal term for this is 'easement', but it could be under a different name. If there is, you then need to check the terms of the granting document and the plan which goes with the easement. These two things will tell you what they can do and in what parts.

Thank you for your answer. We live in Queensland on the Sunshine Coast. I don't believe personally that the council would have let a block without any access getting sold? The title took forever and I know that the developer had to make few changes before approval... I don't have to much hope in it but it doesn't cost anything to have a look I guess...

I was more wondering if I could stop them from parking and stoping on the driveway (even if I don't need access to this driveway to get to my house)? She likes to put signs and notes on her block (in fact we actually never met her in person!), so I would like to answer by putting a huge sign saying this: "Private driveway, no stopping or parking at anytime". As I think that her builder and traders would have a lot of trouble building her house if they are not allowed to park and stop on the driveway since her land is quiet small...

 

[Marie13000]

This will possibly depend on where you are, because all states have different property laws. However, generally speaking, forget what it says in your contract about it. Check the title to your property to see if there are any encumbrances registered against your lot in favour of someone else. The normal term for this is 'easement', but it could be under a different name. If there is, you then need to check the terms of the granting document and the plan which goes with the easement. These two things will tell you what they can do and in what parts.

Update: I got the title and it says: easement n°....... burdening the land to lot 14. Lot 14 is the "crazy b***h" land... Can I still put my "no parking, no stopping" sign?

 

[Marie13000]

I don't know how the system works if your neighbor objects to a fence going up? But perhaps you should start the ball rolling on the fence in case there are complications causing delays for years?

The sensible advice will be not to antagonize your neighbor unnecessarily, but from personal experience, it can actually be kinda fun.... when they realize they are just adding fuel to my 'game' they suddenly become quiet because they realize their is no point opening their mouths (heaven)..... just don't break the law!

Yes there is a limit for the fence height, unfortunately, and it is also saying on the contract that you can't move in before the fencing is complete.