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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44179
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We rent a battleaxe style 2 bed unit but the neighbors

Customer Question

We rent a battleaxe style 2 bed unit but the neighbors garage opening is right next to our front door and therefore we share the same entrance driveway but our garage is on the other side of the unit, so the driveway widens - part bends around the left into their garage and the other continues straight ahead a little, to our garage door. Our unit 3/43 New St South Kingsville Melbourne sits in between the two garages. Our garage is used for storage as the unit is small. Her rented two story house (number 2/43) sits at the front on the street. She is demanding we remove our car from in front of our garage so her turning into her garage is made easy even though our parked car doesn't really block her. It's tighter for her but not blocked. If she were to leave her car in front of her garage door, both cars would fit, but of course we'd open our front door and walk straight into her car after stepping off the small porch. We have a large car, she has a small one. Easement & title?? Rights??
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Is where you park common property or part of your unit?

Customer: replied 1 year ago.
I don't have the title deeds so I've no idea. That's why I was questioning you about easement etc. Perhaps you can find out. The drive is shared. The garages are o opposite sides but we would both eventually use the same strip on leaving. You can see pics of it on the net from when it was sold in 2011. She was bashing on the door again this morning but as usual, she eventually drove off. She can get in and out, it just takes effort.
Expert:  Leon replied 1 year ago.

Good Morning,

If it is part of the common property then you are not permitted to park there and the by-laws would set that out.

If it is part of your unit that you are renting there is nothing that she can do as you have a right to use it as you wish.

You need to ask fro a copy of the Strata Plan to work out who is the owner of the land.

I am unable to get a copy as I do not have any authority but you as the tenant have the right to get access.

You need the plan. I suspect there is no easement it is just common property and all unit holders, tenants and owners have a right to use it and cannot block others from using it.

I completely understand your frustration and I would suggest that send her a letter, and advise that she no longer bash on the door and in order to resolve the issues, you request a copy of the strata plan to ascertain all parties rights over the driveway.

You should be able to get a copy from the body corporate or the managing agent can arrange a copy.

If she continues to harass you may have to take out an intervention order.
I hope this makes sense and is of assistance. If there is nothing further

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