Exclusive use

We are a front property and the property behind us has sold. There is a driveway to access the back property which is “Strata’d” as common use.

We’ve been told the new owners want to ask us to change the driveway to exclusive use to them.
Who would be the best person for us to seek professional advice from as to whether this is in our best interests
We don’t use the driveway at all but we need to check if this affects our property long term.

Especially as we intend to put in a boundary fence.

Thanks in advance

 

While you say you do not use it on a day-to-day basis, would it be useful to get things into and out of your back yard? If you choose to allow this change you would need to be compensated for your loss or usage rights plus have the neighbour pick up all the costs.

 

That was our thinking. There is a very small triangle area of land next to the driveway which is considered part of their property but basically is on our land. We were thinking of asking for that as a trade off - it’s about 1.5/2 sqm

 

@mstrone

?

first step is to confirm what you actually own and where your property boundary extents are including any rights of way etc.

there sounds like a bit of confusion here and possibly more to the story.

is your title freehold or are you part of the strata scheme including this rear neighbour.

a Surveyor can help interpret your property title and advise if this proposal is possible

or possibly a Lawyer specialising in property.

if you are part of the strata scheme and the rear lot has a right of way (?) over the driveway crossing your lot then you cant obscure it anyway.

so i don't see the purpose of the neighbour wanting "exclusive use", they may already have rights of use over it.

 

Sounds like the properties are strata titled. I prefer Torrens. If it were me I’d tell him to convert to Torrens and he pay for the conversion.