Residential access agreement QLD

Discussion in 'Legal Issues' started by Gill Bates, 26th Jul, 2021.

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  1. Gill Bates

    Gill Bates Well-Known Member

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    Location:
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    Does anyone have experience with residential access agreements in QLD

    Situation , neighbor is doing a large renovation
    Building a long block wall right on property border
    Will need to excavate about 80cm down , right on border line , with wall setback 100mm

    To do this , they want to access my driveway which is adjacent their property.
    Actually demolish my low retaining wall, and excavate oart of my driveway.
    Later they will replace the part of the concrete driveway they demolished
    And then they want to put scaffolding in the driveway for some months , while they complete the block wall, add/ remove weatherboards from other and upper parts of the home. Scaffolding also need for roofing , painting etc.

    I believe the requesting party for access should pay my reasonable legal fees up to some amount. And the amount is like $2000 ??

    Does anyone have experience with residential access agreements in QLD
     
  2. thatbum

    thatbum Well-Known Member

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    What legal fees would you have?
     
  3. Gill Bates

    Gill Bates Well-Known Member

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    Location:
    Brisbane
    Legal advice on the proposed access agreement.

    Drafting the access agreement.
    ( They did not want to go to a solicitor. )

    A guide what my reasonable costs should be, that payment can be asked for.
    Insurance requirements / clause for my protection. ( IE the neighbours (sub) contractors injuring themselves, injuring others , damaging property - all while on my land )
    Solicitors knowledge what reasonable costs are ?
    and conversely, what is unreasonable to ask for.

    The particular property is rented.
    Tenant's use front 50% of driveway according to my agreement with tenants.
    Tenant's park up to 3 cars in their part ( in tandem) This is quite close to Brisbane GPO, and in this area , street parking is often not available. OR if a park is obtained, a person may have to park a few hundred meters away from the house.

    The neighbours want to use the driveway for 5 months . ( And this period is not fix as they want it to be extended due to business conditions or wet weather. )

    ( So tenants loos e access to the driveway for 5 months )

    What the quality of restoration ( as in building work ) should be

    I use the rear 50% of driveway for my own purposes

    ( And neighbours want all this for free, do not want to pay/find alternative parking for tenants cars etc )
     
    Last edited: 26th Jul, 2021
  4. thatbum

    thatbum Well-Known Member

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    I'm confused. What actual loss of use is happening in this arrangement?

    Just because they want access to your driveway, isn't the same as you or your tenants losing access or use of your driveway.
     
  5. Gill Bates

    Gill Bates Well-Known Member

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    The driveway will not be usable to park vehicle's, because 1) it has been dug up and later 2) because it will contain scaffolding.
    There will be no access for several months.
    No on street parking is available . Off street parking has too be purchased/paid for in this area.

    The tenant's have a right to park there vehicle's in driveway and this right is being taken away. And without their loss, being remediated they would have to pay for parking out of their own pocket - when it is supposed to be provided as part of the tenancy agreement.
     
  6. standtall

    standtall Well-Known Member

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    They are asking for a lot and I would simply refuse. I have previously asked my neighbors to knockdown joining fence and use part of their side entrance for excavation access. I paid for the replacement fence and fixed their landscaping but regardless it never ends well because builders end up causing a lot of unintended damage due to the nature of their work.
     
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  7. wylie

    wylie Moderator Staff Member

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    I'd assume your tenants are likely to ask you for a rent reduction for lack of driveway to park, and likely to ask you to pay their off site parking.

    Your neighbour has gone about this the wrong way.

    I am all for working with neighbours and with our recent development, we did this with the neighbour adjoining our driveway, but we never just assumed we could do what we liked without asking his permission and making sure we could help him (he also needs our driveway for his planned work).

    Good relationships make the world go round. Don't let this neighbour bulldoze you.
     
    craigc likes this.