My dads unit has a shared driveway going to the back where there is another unit. The problem is that the elderly couple at the back have a ridiculous amount of plants and have slowly accumulated a garden bed. It is making it hard to reverse in and out and we would rather them get rid of it than to have it there. Obviously this is shared land but we don't want it to get out of control and they are very unreasonable people. What are our options? As it is property on our shared land, do we have a right to tear it up? or do we need to go through council or vcat?
Your dad's unit is at the front so probably does not own the driveway or the adjacent land. The unit at the back would likely have ownership with your dad having right to access in the title (check the title). Not being able to reverse easily is not really something that is likely to gain traction with the council or anywhere else. I would leave the garden and try and befriend the neighbours and then see if you can not negotiate an outcome. A charm offensive is likely to get you further and it's cheaper.
Instead of reversing out, can he reverse into his garage? It’s often easier to reverse in from the street and into a garage. I use to live in a townhouse and found that the easiest way to manoeuvre...
It may be an easement Where he has "right of carriage", but doesn't own the land. They own the land and have to maintain it for hos access. This means he is entitled to unencumbered access (without stopping !). Check his title I had an argument with one of my three neighbours where I have right of carriage over their land, it was a jungle........ So I cut it back, he called the cops, I called the council, he got a lawyer, I replied to the lawyer with 20 letters to his initial, they replied please dont sent anymore letters Basically he agreed to keep the garden trimmed to be behind the garden most side of the concrete kerb (inside edge) WIN (Been amicable for near 6 years now )
Option one would be to have a courteous conversation with the eldery neighbours, expressing your dad's parking problems and work towards an amicable solution. Option two involves a brush cutter lol.
Depending on the age of the title there are two options for the status of the shared land. An older title may have an easement of way or carriageway, while a newer title may have common property. Get a copy of your title and see what it says. Then take it to your neighbour and explain your rights to use that land.
