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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22310
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am the owner of my home, the front house on a section,

Customer Question

Good morning
I am the owner of my home, the front house on a section, with my neighbour owing her house on the back half of the section. We share driveway access to get to our properties, but she parks her car in the driveway so I am unable to go up the driveway and turn into my garage.
Is there any legal ruling to say that she must leave the driveway access clear so she does not obstruct vehicle access to my property
She says that all I have to do is go and see her each time and she will move her car, so I can get into my car, and then park her car back int he driveway again - meaning my car would then be blocked in my garage and I wouldn't be able to get out.
Many thanks for your advice
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

The rule about rights of way and driveways are that you cannot block these by parking on the driveway. If you have a right of way easement, then the Property Law Act in the schedule says this. If this is a cross lease property then the land is likely to be common land, but similar rules apply. If you cannot mediate this issue then you can get a court order requiring her to leave the driveway clear. This would mean an application to your local District Court. But perhaps ask your lawyer to send her a letter requiring her to cease blocking, or you would apply to court, and that may be enough.

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