Can you legally split a shared driveway?

Answer: Check your title deeds and those of your neighbour to establish the boundaries of your property and how the driveway is owned. You could each own half of it, or one of you could own the whole of it. Either way, as the driveway is shared you will each have been granted certain rights of access over it.

What rights do I have with a shared driveway?

Neither neighbour has a right to park their car on a shared driveway, as such it’s something that must be worked out privately between both parties. There’s little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.

Who pays to fix a shared driveway?

The costs of repairs and maintenance are usually equally shared. The shared driveways in unit title properties are usually called common areas, and the body corporate is responsible for the maintenance and repair of the driveway.

How do you split a shared driveway?

One option for dividing property lines down a shared driveway is to install chain link fencing. A chain link fence is a relatively inexpensive fence to have installed, and can readily be placed over asphalt. Asphalt is soft enough to allow fence posts to be sunk into the driveway.

Are shared driveways bad?

The most significant possible negative is that – because you are sharing the driveway with other people – you may become involved in a disagreement. The argument may not even be about the driveway, but the disagreement can spill over into how you both use and share the primary access to your homes.

Can my Neighbour block my driveway?

If a vehicle is parked on your driveway without your permission, they would be trespassing. If someone has parked on your driveway and you were to block them in, be careful not to cause an obstruction to the public highway as this is a criminal offence. If you do, the owner of the vehicle could call the police on you.

Is it bad to have a shared driveway?

It is really uncommon to have a shared drive. It is possible it could be considered a negative. Your real estate agent should be able to give you proper guidance. You may even want to ask them for an example of another property that had a shared driveway.

How can I stop my Neighbours on my driveway?

Assuming that there is no documented right set out in the title to your property, one way of protecting your position is to put up a sign stating there is no right of way over your driveway. You may also consider erecting a fence along the relevant boundary if the issue continues.

Who is responsible for fixing a fence?

householder
Normally, the householder who owns the fence is responsible for maintaining and repairing it. However, if any damage is caused to your fence by your neighbours, then it’s their responsibility to meet the costs of putting the problem right.

How do I know if my driveway is shared?

You should undertake a Title search with the NSW Land Registry Services for both yours and your neighbour’s property. This Title search will confirm if an easement is in place.

What can I do if my Neighbour blocks my driveway?

If the vehicle is blocking access to your driveway you should first make enquiries with the neighbours to see if they know who the car belongs to, so they can move it. If your local council hasn’t taken on CPE, you will need to contact your local police force.

Who is the owner of the shared driveway?

The part of the driveway on their land is owned by them, and the maintenance of the entire driveway is shared by all parties. In some cases, the driveway may be owned by one house, but legal access is given to anyone who needs to use it.

Are there legal issues with sharing a driveway?

When sharing a driveway there can be problems and legal issues that can arise. Some may not even be aware of their shared driveway rights. Each individual that shares a driveway with another has equal rights to that driveway.

Is there a property easement on a shared driveway?

Property Easement on a Shared Driveway. A common type of property easement is when two neighboring properties have a shared driveway. Typically, each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.

What’s the best way to make a shared driveway?

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