QLD Can I Prevent Access to Private Driveway?
- Thread starter Marie13000
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Don't rely on what it says in the contract. Odds are that's been written by an agent without the requisite understanding of what they're doing - or at the very least as a retelling of what they've been told. You need to obtain a copy of the registered easement document which sets out the exact terms of use, and a copy of plan showing the easement boundaries.
These can be obtained from the Department of Natural Resources by searching a copy of the registered easement number, and the relevant plan number. Alternatively (and much cheaper), the solicitors who acted for you when you purchased the property should have obtained copies of both of these which they should be able to give to you.
These can be obtained from the Department of Natural Resources by searching a copy of the registered easement number, and the relevant plan number. Alternatively (and much cheaper), the solicitors who acted for you when you purchased the property should have obtained copies of both of these which they should be able to give to you.
Yes! Then you will know exactly who has the right to do what before taking any action.
I'm waiting for the document from the lawyer... In worst case, can I do anything if she granted more than what the contract says? As I only signed the contract and so I was only agreed with what is writing in it and not the registered easement document that I haven't even seen...
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You're bound by law by the terms of the easement. The purchase of the contract is merely to alert you to it and, really, because it's on the register it's deemed notice to the world in any case.
Your solicitor's report on the condition of the property when you were purchasing should have alerted you to it. Once you've settled the contract, you've accepted the property and the easement that goes along with it.
Your solicitor's report on the condition of the property when you were purchasing should have alerted you to it. Once you've settled the contract, you've accepted the property and the easement that goes along with it.
Yep, and I see a lot of posts in here with people having trouble because of easements.... but really, an easement burden being present should mean the property value is slightly lower than an identical property with no easement burden....
So if someone else in your development zone paid the same price you did for an identical property and they have no easement burden, that is how you know you got ripped off. It's a common thing, people often fail to heed the easement, and the seller is not going to go out of their way to alert you too it, so the seller sits back and waits for a sucker, and that is what the seller counts on.
It is not a problem at all for us that easement as it doesn't block our way or even our view as our house is like 3 metre higher! In fact she could park or even camp on this driveway if she wanted we would not even be able to see her unless we really want to see. I don't even understand why the developer decided that this driveway will be part of our land instead of hers...
We knew it could be a bad reselling point for us but our land is the highest one and we got a beautiful view as a "compensation". We paid around the same price as the others but the others don't have any view...
What we didn't anticipate is that we will get a crazy one beside us! But you can't never guess those kind of things...
If I can't annoy her back with the driveway I will surely find something else, but if I can that will be amazing!
We all know stories about crazy neighbor but neighbor that start to annoy you before they even own the property, I have to say that I never heard that before!
Not in our case, their is a vacant block under us but they will need to build a 5 story house to block our view as it is very low and it also has a restricted building envelop that they can't even build completely "in the front" of us...
Just for interest, a property title only gives you rights/ownership to land of defined dimensions and what sits on that land.
It gives you zero rights to a view unless you have a view easement over neighboring land.
ie: if you don't have a view easement over neighboring land and your neighbour builds a 5 story house that blocks your view, then their is not much you can do about it, as you don't own the view.
From what I can understand, lot 14 (NFH) has an access (dominant) easement over your driveway lot 15,
If this is true, then there is nothing you can do stop the NFH (Neighbor from Hell) from using your driveway.
These type of easements has to be created by a registered land surveyor ( they are not made up on the back of a used McDonald's bag in the front seat of a real estates agents car). Then the newly created easement + fee's needs to be submitted to the states land titles office for review and addition to the land tiles register.
An easement has a unique number and should be listed on your property certificate title as an encumbrance.
Without knowing the wording on your title, your neighbour normally has the right to "pass" or "travel" over your land to access her property, this does not Give the NFH any right to park on the easement.
But!!! there has been case law that does allow dominant title holders the right to park in the easement, such as loading and unloading goods at the back door of a business, or there is no other reasonable place for the neighbor to park.
You should try and find the easement title and the position of the easement, if they travel outside the easement limits, then they are trespassing.
Also, as you own the driveway, you can approach them to contribute to maintenance of the driveway.
I hope this helps
It gives you zero rights to a view unless you have a view easement over neighboring land.
ie: if you don't have a view easement over neighboring land and your neighbour builds a 5 story house that blocks your view, then their is not much you can do about it, as you don't own the view.
From what I can understand, lot 14 (NFH) has an access (dominant) easement over your driveway lot 15,
If this is true, then there is nothing you can do stop the NFH (Neighbor from Hell) from using your driveway.
These type of easements has to be created by a registered land surveyor ( they are not made up on the back of a used McDonald's bag in the front seat of a real estates agents car). Then the newly created easement + fee's needs to be submitted to the states land titles office for review and addition to the land tiles register.
An easement has a unique number and should be listed on your property certificate title as an encumbrance.
Without knowing the wording on your title, your neighbour normally has the right to "pass" or "travel" over your land to access her property, this does not Give the NFH any right to park on the easement.
But!!! there has been case law that does allow dominant title holders the right to park in the easement, such as loading and unloading goods at the back door of a business, or there is no other reasonable place for the neighbor to park.
You should try and find the easement title and the position of the easement, if they travel outside the easement limits, then they are trespassing.
Also, as you own the driveway, you can approach them to contribute to maintenance of the driveway.
I hope this helps