Cars blocking access easement

Discussion in 'Legal Issues' started by Sheshop, 10th Jan, 2021.

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  1. Sheshop

    Sheshop Well-Known Member

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    Hi guys, my friend has recently bought a house that was the original home in a 1 into 3 lot subdivision. Her house is the middle property so she has a shared driveway for her and the rear lot. Each lot owns a section of the driveway which has an access easement to the benefit of the rear and middle lot. The front lot (duplex) has no access to this driveway as they face the street.
    However the duplex is rented out as a "share" kind of set up where each room is rented individually resulting in multiple cars that have taken to parking on the side of the shared driveway making it difficult (but not impossible) for my friend and her rear neighbour to get in and out without hugging the fence and scraping the trees/shrubs along the way..
    Question 1: She is going to contact the tenants and property manager to ask that they stop parking there but wants to know what her options are after that.. if they refuse what does she do next?
    Question 2: Is it legal to have a share/boarding house and do they need special approval?
     
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  2. JDM

    JDM Well-Known Member

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    Check the terms of the easement to be 100% certain they have no rights. If they do not, then it is trespassing if they do not own the lot or have rights under the easement.

    Next step would be to look at towing the illegally parked vehicles if you cannot resolve it by talking to them/notes. This fact sheet should be helpful: https://www.tmr.qld.gov.au/-/media/.../towtruck/0318/Fact-Sheet-Occupiers.pdf?la=en

    Legality of the share house will depend on the development approval, building classification and number of unrelated people living in the property.
     
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  3. Sheshop

    Sheshop Well-Known Member

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    I checked the DA conditions and the front lot owns the section of land where the driveway starts but that section is designated access easement and the conditions say full uninterrupted access of 4.5mts.
    I’m curious to know who polices it? The guy who originally subdivided is the current owner of the front duplex.
     
  4. Beano

    Beano Well-Known Member

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    The owners of the ROW police it .
     
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  5. New Town

    New Town Well-Known Member

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    Unlikely that you can park in an access way, but I'm interested to hear what ur investigation shows.
     
  6. Sheshop

    Sheshop Well-Known Member

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    I know for sure that they can’t park there but just curious to know what needs to be done to stop it.... is it a council issue or a civil issue? I’ve googled but can’t get a definitive answer.
     
  7. Mark F

    Mark F Well-Known Member

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    I appears to be private land so a civil issue with the owner of the front property.
     
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  8. Sheshop

    Sheshop Well-Known Member

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    That's what I was afraid of. Mind you it's not my issue but I feel for my friend.
     
  9. Stoffo

    Stoffo Well-Known Member

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    Tell them to ring a tow truck, say you have lost the keys to the vehicle registration xxx 123 parked at H8 Way and need it towed to the local Ford/Holden/Kia/Hyundai dealership asap, pay $80 cash !
    When and if they ever find their car I bet they never park in tbe ROW again !
    Best $80 ever spent ;)
     
  10. datto

    datto Well-Known Member

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    I think there's a song called burn baby burn disco inferno. Start pumping the music. When they come out to complain about the loud music that's when the negotiations start.
     
  11. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The enforcement is on the legal owner of the offending house. Have a solictor address this. The owner can deal with their tenants. Ensure you can demonstrate the vehicles and the times and maintain a log. Say nothing to the occupants. If its in brisbane the soliictor may also remind them that the residency occupany / lease arragements could be illegal and hinder neighbours. Council can evict them.
     
  12. Sheshop

    Sheshop Well-Known Member

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    Thanks so much for taking the time to comment. My friend is taking photos and logging, I’ll pass this info on.
     
  13. Fernfurn

    Fernfurn Well-Known Member

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    I would just park behind the offending car and wait for them to come and ask you to move