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We have a shared driveway situation onelderslie and wish to…

Customer Question
We have a shared...

We have a shared driveway situation on*****elderslie and wish to move our gate for better access to our garage, we would be moving the gatepost but still within the turn in for our shared driveway which our neighbours understand in out of bounds. However the new gatepost will change the open look of the existing turn in. Are we legally entitled to go ahead with this change/ thank you

Lawyer's Assistant: I'll do all I can to help. How long have you been dealing with this?

We have built a granny flat in our back yard and need to adjust the driveway turn in to accomodate this. the recent surveyers markings are within the straight line defining our land, and not an area our neighbours every had access to only the visual aspect of space. Are we entitled to go ahead with our plans based on the mark the surveyor made in the survey they did in the last 8 weeks.

Lawyer's Assistant: Do you plan on doing the work yourself?

Yes

Lawyer's Assistant: Anything else we should know to help you best?

The land we live on was subdivided and the shared drive way was written into the sale, however the area we are dealing with in the turn in at the end of the driveway to our property. The gates were orininally aligned with the garage on the adjoining property and we are proposing to move them forward to the boundries of our surveyed land

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 hours by:
1/3/2018
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,918
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

I will assume it is a right of way and if that is what it is then provided all parties that have a right to use it agree you can make changes but you cannot block the use.

When you say the change will change the look, provided it does not change the position of the right of way then you do not have any problem.

You should have the plans checked by the surveyor to make sure that you are not encroaching on any other land.

You also have to get approval if you change the location from council.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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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 (last updated February 8, 2012).

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