Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 1 day by:
10/7/2011
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedPlease could you advise on the following:- legally My son who owns a 2 storey home & land in Bondi has had one neighbour parking across my son's double driveway of his double garage/car port (which has no doors) on at least 6 occasions,
Can you please explain this more? Is your son's driveway and the neighbours really one big driveway, with each of them taking half?
Can you please explain this more? Is your son's driveway and the neighbours really one big driveway, with each of them taking half?
You asked if my son's driveway was shared by a neighbour. NO. My son's open fronted double garage has it's own double street entrance from the street & is NOT shared by neighbours. The neighbours on either side have their own single entrances from the street as their houses are only semi-detached. my son's is a full 2 storey house.. The street is in Nth Bondi, Area Code 2026 Australia. The area is under the "umbrella" of Waverly Council in the eastern suburbs of Sydney. In anticipation of an answer.
I see.
You are correct - it is trespassing. I actually graduated from law school with a barrister who, believe it or not, ended up specializing in this area of law (what to do about unlawfully parked vehicles), and he even wrote articles in law journals about the subject. This is actually a wide spread problem across Australia.
Basically your son has two options.
His best option is to call the police, who will likely refer the matter to council's by-law enforcement officers. They can then have the vehicle towed.
His other option is simply to sue his neighbour for the tort of trespass.
Should you have any other questions, please let me know.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
I see.
You are correct - it is trespassing. I actually graduated from law school with a barrister who, believe it or not, ended up specializing in this area of law (what to do about unlawfully parked vehicles), and he even wrote articles in law journals about the subject. This is actually a wide spread problem across Australia.
Basically your son has two options.
His best option is to call the police, who will likely refer the matter to council's by-law enforcement officers. They can then have the vehicle towed.
His other option is simply to sue his neighbour for the tort of trespass.
Should you have any other questions, please let me know.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
I live on the Sunshine Coast Qld. The complex has 65
I live on the Sunshine Coast Qld. The complex has 65 freehold units built about 1986. Each unit had one garage. Many of these garages have been converted to bedrooms and there front yards adjacent to … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I live in a duplex which is in a Strata title. There is a
I live in a duplex which is in a Strata title. There is a paved visitors' bay set in from the roadside curb outside these duplexes. My local council has advised that this visitors' bay (which could ho… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have approved plans to build my new house with a garage on
Hi, I have approved plans to build my new house with a garage on a boundary. All plans are according to regulations. My builder wants me to remove a part of the fence otherwise cannot build and finish… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Do you have South Australian Legal advice as it is a
Do you have South Australian Legal advice as it is a property concerning right of way. I was referred to a Brisbane lawyer but I know each state has different interpretation of right of way. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
In this scenario I am the neighbour. My car is always parked
in this scenario I am the neighbour. My car is always parked to the side and does not cause obstruction at all. Only very large trucks will have difficulty in passing by and we have always been willin… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Leon, I have friends who live on a battleaxe block in
Hi Leon, I have friends who live on a battleaxe block in Sydney, with a Right of Carriageway over the front neighbours' land. Myself and other friends have been rudely abused by the front neighbour wh… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I own a property at the end of a driveway which forms part
I own a property at the end of a long driveway which forms part of my parcel of land. A neighbour has a right of carriage over this driveway. What I am wondering is do they have any legal right to par… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I am interested in purchasing a property that has a right of
I am interested in purchasing a property that has a right of carriageway to the property. From that carriageway, the existing garage door opening is limited tending the garage unserviceable. Door heig… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
My family and I have just recently moved into rented accommodation
My family and I have just recently moved into rented accommodation a Unit in Caringbah - now the 3 other owners of the units have indicated to us that, they, the strata have formulated rules for every… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
Hi there, We have a property that allows the house next
Hi there, We have a property that allows the house next door access over our land to their house. They have no driveway and have right of carriageway across our driveway. It is a classic case of we ha… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi we We live in a house that shares a driveway with another
Hi we We live in a house that shares a driveway with another house (survey strata block) in Perth WA. The neighbours have been building on the once vacant block for the last 12-month. During this time… read more
Patrick H.
Lawyer
5,422 satisfied customers
I have a second driveway to my home which I use for visitors.
I have a second driveway to my home which I use for visitors. My neighbour whose driveway is next to mine frequently has her visitors use my driveway for parking. I have asked that they do not do this… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
We have a holiday house at the Geograph bay Holiday Park in
We have a holiday house at the Geograph bay Holiday Park in Busselton WA. The houses are park homes on small blocks which are strata titled. The driveways on most are adjoining. When our neighbour bui… read more
Brisbane-Lawyer
Solicitor - Admitted 2005
Master
14,361 satisfied customers
Thankyou for this. Reference the Strata Schemes Management
Thankyou for this. Reference the Strata Schemes Management Act NSW 1996. We believe and also had it confirmed by the Department of Fair Trading that no where in the Act or in the by-laws is there any … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
A ranger have booked my car that Ive been parking on my dri
A ranger have booked my car that I've been parking on my drive way for years without any problem. He has came in 4:12AM and 4:29AM two days consecutive. This driveway does not have any footpath crossi… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I have purchased a house in March this year, from the road
I have purchased a house in March this year, from the road there is access onto the drive and I have a double car port in my backyard that was erected over 20 years ago. The access to the garage is fr… read more
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
For the attention of Maurice Ortelli A question re a residential
For the attention of Maurice Ortelli: A question re' a residential property issue, if that's ok?....Our driveway at the front of our house is also used by our neighbours who have access across it as a… read more
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
Hi, we own a duplex in Sydney, our neighbour who lives in the
Hi, we own a duplex in Sydney, our neighbour who lives in the other part of the duplex is the builder of this duplex. We share the front yard but have separate driveways. My neighbour (let's call him … read more
Maurice
Lawyer
Master's Degree
1,980 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
