What rights do I have with a shared driveway?

What rights do I have with a shared driveway?

If your neighbor is parking entirely on his half of the driveway than there is nothing you can legally do to prevent it. This is because both of you have a legal right to use your part of the driveway in any way you see fit.

Is a shared driveway a bad idea?

The most significant possible negative is that – because you are sharing the driveway with other people – you may become involved in a disagreement. Neighbors, being human, can sometimes get into arguments.

Can I divide 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.

Who pays to fix a shared driveway?

Generally, when a driveway gives access to two or more properties, then the responsibility for its maintenance is shared jointly by the owners of those properties. Under the Land Transfer Regulations the cost of general repairs and maintenance of a right-of-way should be shared equally by users.

Can I build a fence on 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.

Do you own your driveway?

NO-ONE in Mosman, NSW or Australia owned their own driveway, Pedestrian Council of Australia chairman Harold Scruby said this week. “The rule prohibiting motorists from parking or stopping vehicles on driveways was agreed to unanimously and is now a national law. It was always a law in NSW,” he said.

What can I do if my Neighbour keeps blocking my drive?

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.

How do I keep my neighbors off my driveway?

Best 5 Ways Stop Someone Parking in Your Driveway

1. No. 1 Negotiate with the Person Directly. Firstly, you should try and find out if any of your neighbors know whose car it is or if they saw the person who parked there.
2. No. 2 Call the police.
3. No. 3 Install a Security Camera.
4. No. 4 Put up Signs.
5. No. 5 Install a Fence.

How do shared driveways work?

These rights attach to the ownership of the land and typically pass along to the new owner. Other times, one homeowner owns the entire driveway, and the easement grants the neighbor sharing the driveway the right to use part of it, such as parking to one side or for reaching the garage.

What are my rights with a shared driveway NSW?

The law says that your neighbour can use the easement to pass across your property to enter their property. Your neighbour should only be using the driveway for the short period it takes to drive or walk across it to enter their property and they should definitely not be parking their car there.

What does shared access mean?

In short, it allows another to use and/or enter into the property of another without possessing it, e.g. a landowner may enjoy the right of way over the land of another to access their property.

What to do if you have a shared driveway?

Consult with an Attorney. If you are purchasing a home with a shared driveway or have any questions regarding an existing shared driveway easement agreement, it is recommended that you consult with a real estate attorney.

What are the pros and cons of shared driveways?

There are several positives and negatives to consider when you are looking at a property with a shared driveway: On the positive side, you can generally expect the costs of maintenance and repair to be shared between you and the other owners.

When do you need 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.

Is the common driveway the same as a shared driveway?

One other thing I will mention is you may also hear the term “common driveway,” which means the same thing as a shared driveway. There are several positives and negatives to consider when you are looking at a property with a shared driveway: